Venables v Wardle [2002] EWHC 3073 (TCC) (06 November 2002)

Venables v Wardle [2002] EWHC 3073 (TCC) (06 November 2002)

The pipes were of merchantable and satisfactory quality and reasonably fit for their purpose as commonly supplied. The failures resulted from abnormal or idiosyncratic use—specifically, extended periods of low/intermittent water flow and stagnancy—not from any defect in the pipes. The implied terms did not require the pipes to withstand such unusual usage, and the circumstances were not made known to the seller. Therefore, there was no breach of the implied terms under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982.

Citation
[2002] EWHC 3073 (TCC)
Parties
Claimant: Trevor James Venables; Claimant: Glenis Venables; Defendant: Steven A Wardle; 1st Part 20 Defendant: Keyline Builders Merchants Limited; 2nd Part 20 Defendant: Boliden Metal Suppliers Limited
Jurisdiction
England and Wales
Judgment Date
06 November 2002
Procedural Posture
Civil (technology and Construction Court) / Trial of Preliminary Issues
Outcome
Claims dismissed on preliminary issues; pipes found to be of satisfactory quality and fit for purpose.
Legal Topics
Implied Terms, Satisfactory Quality, Fitness for Purpose, Merchantable Quality, Durability of Goods, Abnormal Use, Supply of Goods and Services
Contract Law Sale of Goods Construction Law Implied Terms Satisfactory Quality Fitness for Purpose Merchantable Quality Durability of Goods +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Trevor James Venables

Claimant

Glenis Venables

Claimant

Steven A Wardle

Defendant

Keyline Builders Merchants Limited

1st Part 20 Defendant

Boliden Metal Suppliers Limited

2nd Part 20 Defendant

Procedural Posture

Civil (technology and Construction Court) / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the copper pipes fitted at the property were of satisfactory quality and/or reasonably fit for their purpose under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
  2. 2 Whether the pipes sold by Keyline to Mr Wardle were of satisfactory quality and/or reasonably fit for their purpose

Ratio Decidendi

The pipes were of merchantable and satisfactory quality and reasonably fit for their purpose as commonly supplied. The failures resulted from abnormal or idiosyncratic use—specifically, extended periods of low/intermittent water flow and stagnancy—not from any defect in the pipes. The implied terms did not require the pipes to withstand such unusual usage, and the circumstances were not made known to the seller. Therefore, there was no breach of the implied terms under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982.

Court Disposition

Claims dismissed on preliminary issues; pipes found to be of satisfactory quality and fit for purpose.

Orders

  • The answers to questions 1 and 2 are: Yes (pipes were of satisfactory quality and fit for purpose).