Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 794 (08 July 2011)

Lowe & Anor v W Machell Joinery Ltd [2011] EWCA Civ 794 (08 July 2011)

The staircase as supplied was not of satisfactory quality or fit for purpose because it would not comply with Building Regulations when installed in a dwelling, a fact known to the seller. This breach of statutory implied terms entitled the Claimants, as consumers, to reject the goods and recover the price paid, regardless of whether the breach could be remedied at modest cost. The Claimants were entitled to rely on these statutory implied terms on appeal as they were pleaded and not abandoned at trial.

Citation
[2011] EWCA Civ 794
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
Legal Topics
Implied Terms, Sale of Goods, Fitness for Purpose, Satisfactory Quality, Building Regulations Compliance, Right to Reject Goods, Remedies for Breach of Contract
Contract Law Consumer Law Construction Law Implied Terms Sale of Goods Fitness for Purpose Satisfactory Quality Building Regulations Compliance +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 the staircase supplied was in breach of implied terms under the Sale of Goods Act 1979 for satisfactory quality and fitness for purpose due to non-compliance with Building Regulations
  2. 2 Whether the Claimants were entitled to reject the goods and recover the price paid
  3. 3 Whether the Claimants could rely on statutory implied terms on appeal despite not arguing them at trial

Ratio Decidendi

The staircase as supplied was not of satisfactory quality or fit for purpose because it would not comply with Building Regulations when installed in a dwelling, a fact known to the seller. This breach of statutory implied terms entitled the Claimants, as consumers, to reject the goods and recover the price paid, regardless of whether the breach could be remedied at modest cost. The Claimants were entitled to rely on these statutory implied terms on appeal as they were pleaded and not abandoned at trial.

Court Disposition

Appeal allowed

Orders

  • Judgment for the Claimants for repayment of the price paid for the staircase
  • No other remedy for breach of contract awarded