Farrans Construction v. RMC Ready Mixed Concrete [2004] ScotCS 51 (27 February 2004)

Farrans Construction v. RMC Ready Mixed Concrete [2004] ScotCS 51 (27 February 2004)

The court held that the defenders supplied concrete that conformed to the contractual description of 'C7 foamed concrete' at the point of delivery. The subsequent increase in strength and density was caused by the pursuers' pumping contractor's failure to maintain the pump line below the surface of the concrete during placement, resulting in loss of entrained air. Therefore, there was no breach of contract or of the implied terms under sections 13(1) or 14(3) of the Sale of Goods Act 1979.

Citation
[2004] ScotCS 51
Parties
Pursuer: Farrans Construction Limited; Defender: RMC Ready Mixed Concrete (Scotland) Limited
Jurisdiction
Scotland
Judgment Date
27 February 2004
Procedural Posture
Commercial Contract Dispute / Proof Before Answer on Liability
Outcome
Action dismissed
Legal Topics
Breach of Contract, Sale of Goods Act 1979, Implied Terms, Fitness for Purpose, Description of Goods, Unfair Contract Terms Act 1977
Contract Law Sale of Goods Breach of Contract Sale of Goods Act 1979 Implied Terms Fitness for Purpose Description of Goods Unfair Contract Terms Act 1977

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Parties

Farrans Construction Limited

Pursuer

RMC Ready Mixed Concrete (Scotland) Limited

Defender

Procedural Posture

Commercial Contract Dispute / Proof Before Answer on Liability

Legal Issues

  1. 1 Whether the concrete supplied conformed to the contractual description of 'C7 foamed concrete'
  2. 2 Whether there was a breach of express or implied contractual terms under the Sale of Goods Act 1979
  3. 3 Whether the defenders were liable for consequential losses under the Unfair Contract Terms Act 1977

Ratio Decidendi

The court held that the defenders supplied concrete that conformed to the contractual description of 'C7 foamed concrete' at the point of delivery. The subsequent increase in strength and density was caused by the pursuers' pumping contractor's failure to maintain the pump line below the surface of the concrete during placement, resulting in loss of entrained air. Therefore, there was no breach of contract or of the implied terms under sections 13(1) or 14(3) of the Sale of Goods Act 1979.

Court Disposition

Action dismissed

Orders

  • The pursuers' claims are dismissed.