Clegg v Olle Andersson (t/a Nordic Marine)

Clegg v Olle Andersson (t/a Nordic Marine)

The yacht as delivered was not of satisfactory quality due to the overweight keel and its adverse effect on rig safety, requiring more than minimal remedial work. The buyers did not lose their right to reject, as they had not accepted the yacht and were awaiting essential information to make an informed decision. The rejection by letter of 6th March 2001 was valid and timely.

Parties
Appellants: Mr and Mrs Clegg; Respondent: Olle Andersson t/a Nordic Marine
Jurisdiction
England and Wales
Judgment Date
11 March 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Implied Terms, Satisfactory Quality, Acceptance and Rejection of Goods, Remedies for Breach of Contract
Contract Law Sale of Goods Implied Terms Satisfactory Quality Acceptance and Rejection of Goods Remedies for Breach of Contract

Case Brief

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Parties

Mr and Mrs Clegg

Appellants

Olle Andersson t/a Nordic Marine

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the yacht as delivered was of satisfactory quality under s.14(2) Sale of Goods Act 1979
  2. 2 Whether the buyers lost their right to reject the yacht before 6th March 2001 under s.35 Sale of Goods Act 1979
  3. 3 Whether the buyers were entitled to return of the purchase price and damages

Ratio Decidendi

The yacht as delivered was not of satisfactory quality due to the overweight keel and its adverse effect on rig safety, requiring more than minimal remedial work. The buyers did not lose their right to reject, as they had not accepted the yacht and were awaiting essential information to make an informed decision. The rejection by letter of 6th March 2001 was valid and timely.

Court Disposition

appeal allowed

Orders

  • Order of the trial judge discharged
  • Assessment of damages to be referred to a Master