Alliott v Cheeld (Blacksmith)

Alliott v Cheeld (Blacksmith)

The defects in workmanship, their nature, cost of rectification, and contractual expectation of high quality amounted to a breach of condition, entitling the appellants to reject the porch. The right to reject was not lost by affirmation, as the facts did not establish unconditional acceptance. The judge erred in remitting the matter for further evidence; the Deputy District Judge's assessment was sufficient.

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

Case Brief

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Parties

Alliott

Appellant

Stephen Cheeld (Blacksmith)

Respondent

Procedural Posture

Civil Appeal / Second Appeal From County Court

Legal Issues

  1. 1 Whether the defects in workmanship amounted to a breach of condition or warranty
  2. 2 Whether the appellants lost the right to reject the porch by affirmation or acceptance
  3. 3 Whether the judge erred in remitting the matter for further evidence on damages

Ratio Decidendi

The defects in workmanship, their nature, cost of rectification, and contractual expectation of high quality amounted to a breach of condition, entitling the appellants to reject the porch. The right to reject was not lost by affirmation, as the facts did not establish unconditional acceptance. The judge erred in remitting the matter for further evidence; the Deputy District Judge's assessment was sufficient.

Court Disposition

appeal allowed

Orders

  • Circuit Judge's order regarding further evidence set aside
  • Judgment of the District Judge set aside