Merchantable Quality in UK Law
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Henry Kendall & Sons (A Firm) v William Lillico & Sons Ltd and Others
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If the description is a familiar one it may be that in practice only one quality of goods answers that description —then that quality and only that quality is merchantable quality. Or it may be that various qualities of goods are commonly sold under that description—then it is not disputed that the lowest quality commonly so sold is what is meant by merchantable quality: it is commercially saleable under that description.
If the buyer wants goods that are suitable for each one of several purposes he must make that clear to the seller and make it clear that he is relying upon the seller to let him have goods that would be suitable for each one of the purposes. If the buyer merely orders goods by description all that he can expect is that he will get goods that correspond with the description and goods of such a quality that they could be used for one of the purposes for which such goods arc normally used.
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Aswan Engineering Establishment Company (M/S) v Lupdine Ltd
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In order to comply with that requirement, the goods did not have to be suitable for every purpose within a range of purposes for which goods were normally bought under that description. It was sufficient that they were suitable for one or more such purposes without abatement of price since, if they were, they were commercially saleable under that description.
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Brown (B. S.) & Son Ltd v Craiks Ltd
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There will always be a discrepancy in cases of breach of contract; otherwise there could be no claim of damages. The assumption is that the goods are merchantable for a secondary purpose and unless the price is what has been described as a "throw away price" the discrepancy sheds little or no light on the question of merchantable quality.
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Bominflot Bunkergesellschaft fur Mineralole mbH & Company v Petroplus Marketing AG (The Mercini Lady)
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On the other hand, it is extremely difficult to read our exclusion clause as not being intended to cover the exclusion of the statutory implications of satisfactory quality (the new merchantable quality) and fitness for purpose. Mr Edey's reference to the little known or exemplified section 14(4) cannot realistically be considered as the exclusive subject matter of the clause's language about Strictly speaking the description may be thought to be found in clause 3, headed “Product”.
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Rogers v Parish (Scarborough) Ltd
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"(a) as regards defects specifically drawn to the buyer's attention before the contract is made; or
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Young & Marten Ltd v McManus Childs Ltd
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There are in my view good reasons for implying such a warranty if it is not excluded by the terms of the contract. If the contractor's employer suffers loss by reason of the emergence of the latent defect, he will generally have no redress if he cannot recover damages from the contractor.
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Supply of Goods (Implied Terms) Act 1973
... ... 4(3)(b) (with s. 8(3)) ... 10: Implied undertakings as to quality or fitness ... (1) Except as provided by this section and section 11 ... ...
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Sale of Goods Act 1979
... ... 3(g) (with art. 6(1)) ... 14: Implied terms about quality or fitness ... (1) Except as provided by this section and section 15 ... condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—(a) as regards defects ... ...
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Sale of Goods Act 1893
... ... with the description ... Implied conditions as to quality or fitness. 14 Implied conditions as to quality or fitness ... Subject ... shall be of merchantable quality; provided that if the buyer ... has examined the goods, there ... ...
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Hire-Purchase Act 1938
... ... an implied condition that the goods shall be of ... merchantable quality, so, however, that no ... such condition shall be implied by ... ...
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THE LAW COMMISSIONS‘ FIRST REPORT ON EXEMPTION CLAUSES1
... ... condition of fitness for purpose (and that of merchantable quality) should apply to every sale in the course of a ... ...
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Law Reform, Law‐Jobs, and Law Commission No. 160
... ... contention is that the Commission appears to see the quality provisions of the Sale of Goods Act less in terms of ... statutory definition of the implied term of “merchantable quality.” It was argued that the law was unsatisfactory in ... ...
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MISDESCRIPTION AND MISREPRESENTATION LIABILITY ARISING OUT OF ART AUCTIONS IN NEW ZEALAND.
... ... authority to make representations regarding the character or quality of the goods. (4) Such representations will be binding on the seller, (5) ... The Problem of Merchantable Quality ... Does the indicative range of prices for sale also describe the ... ...
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The Molony Committee
... ... In order ‘‘ to improve the quality of consumer goods by increasing the liability, and thereby ... implied condition that the goods shall be of merchantable quality should apply to all consumer sales. The requirement in ... ...
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High Court Gives Wide Protection To 'Satisfactory Quality' And 'Fitness For Purpose' Provisions Of Sale Of Goods Laws - Webster v JG Pears, And Omega Proteins, And Northern Counties Meat, High Court..
... ... and finish, freedom from minor defects, safety, and durability - ... was not an exhaustive list. The move from 'merchantable ... quality' in the old legislation to 'satisfactory ... quality' was intended to strengthen the standards for the ... customer's benefit. As to the ... ...
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‘Fitness for Purpose’ and Conflicting Obligations in Offshore Wind Projects
Two recent cases in the UK illustrate the tricky issues Employers and Contractors have to grapple with in defining the responsibilities of contractors involved in the construction of offshore wind ...... ... on ZPMC, which stated that the goods must be “ ... of good quality, fit and sufficient for the purposes for which they are intended ... ” ... have only one use (as here) such that fitness for purpose and merchantable quality amount to the same thing, it adopted a test of merchantability ... ...
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Remedies For Breach Of Sale Contract Specification
... ... incorporated by reference, in relation to the determination of the quality of the goods supplied under the contract. We do not intend to dwell on ... In bulk, sound, loyal and merchantable quality ... Specifications: protein min 32% moisture max 7% - fiber ... ...
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Cloud Computing - What Are You Signing Up To? An Analysis Of Standard Terms And Conditions
... ... and Amazon also exclude warranties of fitness for purpose or merchantable quality. Such disclaimers may be invalid if they conflict with the ... ...