Lowe & Anor v W Machell Joinery Ltd

Lowe & Anor v W Machell Joinery Ltd

The staircase as supplied would not comply with Building Regulations when installed, constituting breach of statutory implied terms of satisfactory quality and fitness for purpose under the Sale of Goods Act 1979. The Claimants were entitled to reject the goods and claim repayment of the price, even though the breach could have been remedied by modification, as the buyer dealt as consumer and the breach was not slight. Arguments based on statutory implied terms were open on the pleadings and could be raised on appeal.

Parties
Claimant/appellant: Keith Lowe; Claimant/appellant: Ann Lowe; Defendant/respondent: W Machell Joinery Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed (majority); Claimants entitled to repayment of price; Respondent's Notice rejected; Dissenting judgment would dismiss appeal.
Legal Topics
Implied Terms, Fitness for Purpose, Satisfactory Quality, Building Regulations, Right to Reject Goods, Remedies for Breach, Pleadings and Appeal Procedure
Contract Law Sale of Goods Consumer Protection Implied Terms Fitness for Purpose Satisfactory Quality Building Regulations Right to Reject Goods +2 more

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Parties

Keith Lowe

Claimant/appellant

Ann Lowe

Claimant/appellant

W Machell Joinery Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether breach of Building Regulations constitutes breach of contract under implied terms of Sale of Goods Act 1979
  2. 2 Whether Claimants were entitled to reject goods for breach of statutory implied terms
  3. 3 Whether new arguments not raised at trial can be raised on appeal

Ratio Decidendi

The staircase as supplied would not comply with Building Regulations when installed, constituting breach of statutory implied terms of satisfactory quality and fitness for purpose under the Sale of Goods Act 1979. The Claimants were entitled to reject the goods and claim repayment of the price, even though the breach could have been remedied by modification, as the buyer dealt as consumer and the breach was not slight. Arguments based on statutory implied terms were open on the pleadings and could be raised on appeal.

Court Disposition

Appeal allowed (majority); Claimants entitled to repayment of price; Respondent's Notice rejected; Dissenting judgment would dismiss appeal.

Orders

  • Repayment of the price paid for the staircase to the Claimants.
  • No other remedy for breach of contract awarded.