Austen & Anor v Pearl Motor Yachts Ltd

Claimants established on balance of probabilities that the hull laminate would not have fractured if built to specification; breach of contract specification caused the loss.

Parties: Claimant: Brian Henry Austen; Claimant: Michael Stephen Austen; Defendant: Pearl Motor Yachts Ltd
Jurisdiction: England and Wales
Judgment Date: 30 October 2014
Procedural Posture: Commercial / Final Judgment
Outcome: judgment for claimants
Legal Topics: Breach of Contract, Fitness for Purpose, Product Liability, Quantum of Damages

Contract Sale of Goods Breach of Contract Fitness for Purpose Product Liability Quantum of Damages

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Parties

Brian Henry Austen

Claimant

Michael Stephen Austen

Claimant

Pearl Motor Yachts Ltd

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

1 Whether breach of contract specification caused the hull failure and resultant losses
2 Whether the yacht was of satisfactory quality and fit for purpose under s14 Sale of Goods Act 1979

Ratio Decidendi

Claimants established on balance of probabilities that the hull laminate would not have fractured if built to specification; breach of contract specification caused the loss.

Court Disposition

judgment for claimants

Orders

Claimants entitled to agreed quantum of damages for repair costs and other losses
Counsel to agree order reflecting judgment and consequential matters including costs