Alliott v Cheeld (Blacksmith) [2013] EWCA Civ 508 (11 April 2013)

Alliott v Cheeld (Blacksmith) [2013] EWCA Civ 508 (11 April 2013)

Defects in workmanship amounted to breach of condition, not mere warranty, entitling appellants to reject the porch and recover sums paid. The nature and extent of defects, cost of rectification, and contractual expectations justified treating the breach as a condition. Affirmation and loss of right to reject were not established on the facts.

Citation
[2013] EWCA Civ 508
Parties
Appellant: Alliott; Respondent: Stephen Cheeld (Blacksmith)
Jurisdiction
England and Wales
Judgment Date
11 April 2013
Procedural Posture
Second Appeal (civil) / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Breach of Contract, Sale of Goods, Supply of Goods and Services, Right to Reject, Assessment of Damages
Contract Law Consumer Law Breach of Contract Sale of Goods Supply of Goods and Services Right to Reject Assessment of Damages

Case Brief

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Parties

Alliott

Appellant

Stephen Cheeld (Blacksmith)

Respondent

Procedural Posture

Second Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether defects in workmanship amounted to breach of condition or warranty
  2. 2 Whether appellants retained right to reject goods after acceptance
  3. 3 Appropriate assessment of damages for defective workmanship

Ratio Decidendi

Defects in workmanship amounted to breach of condition, not mere warranty, entitling appellants to reject the porch and recover sums paid. The nature and extent of defects, cost of rectification, and contractual expectations justified treating the breach as a condition. Affirmation and loss of right to reject were not established on the facts.

Court Disposition

appeal allowed

Orders

  • Circuit Judge's order for further evidence set aside
  • District Judge's judgment set aside