Jewson Ltd. v Boyhan [2003] EWCA Civ 1030 (28 July 2003)

Jewson Ltd. v Boyhan [2003] EWCA Civ 1030 (28 July 2003)

Jewson was not in breach of the implied terms under section 14(2) or 14(3) of the Sale of Goods Act 1979. The boilers were intrinsically satisfactory and fit for all purposes for which such goods are commonly supplied. Mr Kelly did not sufficiently communicate the particular purpose or provide information about the flats' characteristics to Jewson, nor was it reasonable for him to rely on Jewson's skill and judgment regarding the effect of the boilers on SAP ratings. The issue of SAP ratings was within the expertise of Mr Kelly and his advisers, not Jewson. Thus, there was no breach of the implied terms, and the appeal was allowed.

Citation
[2003] EWCA Civ 1030
Parties
Claimant/appellant: Jewson Limited; Defendant/respondent: Leanne Teresa Boyhan as Personal Representative of the Estate of Thomas Michael Kelly
Jurisdiction
England and Wales
Judgment Date
28 July 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Sale of Goods, Implied Terms, Satisfactory Quality, Fitness for Purpose, Partial Reliance, Exclusion Clauses
Contract Law Commercial Law Sale of Goods Implied Terms Satisfactory Quality Fitness for Purpose Partial Reliance Exclusion Clauses

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Parties

Jewson Limited

Claimant/appellant

Leanne Teresa Boyhan as Personal Representative of the Estate of Thomas Michael Kelly

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the seller (Jewson) was in breach of the implied terms under section 14(2) and 14(3) of the Sale of Goods Act 1979 regarding satisfactory quality and fitness for purpose of boilers supplied.
  2. 2 Whether the buyer (Mr Kelly) relied on the seller's skill and judgment for the suitability of the boilers for the intended purpose.
  3. 3 Whether the exclusion clauses in Jewson's standard terms and conditions protected them from liability.

Ratio Decidendi

Jewson was not in breach of the implied terms under section 14(2) or 14(3) of the Sale of Goods Act 1979. The boilers were intrinsically satisfactory and fit for all purposes for which such goods are commonly supplied. Mr Kelly did not sufficiently communicate the particular purpose or provide information about the flats' characteristics to Jewson, nor was it reasonable for him to rely on Jewson's skill and judgment regarding the effect of the boilers on SAP ratings. The issue of SAP ratings was within the expertise of Mr Kelly and his advisers, not Jewson. Thus, there was no breach of the implied terms, and the appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • Judgment for Jewson Limited; no breach of implied terms under section 14(2) or 14(3) of the Sale of Goods Act 1979.
  • Counterclaim by the respondent dismissed.