Watters v The Master Golf Company Ltd & Anor [2013] ScotCS CSOH_126 (30 July 2013)

Watters v The Master Golf Company Ltd & Anor [2013] ScotCS CSOH_126 (30 July 2013)

The pursuer failed to prove, on the balance of probabilities, that the fire was caused by a manufacturing defect present at the time of supply. The evidence was insufficient to establish that the trolley was not of satisfactory quality when supplied, and the absence of direct evidence from the user (Mr McGregor) was material. The burden of proof was not discharged.

Citation
[2013] ScotCS CSOH_126
Parties
Pursuer: Derek Watters; Defender: The Masters Golf Company Limited; Third Party: Urathon (Europe) Limited
Jurisdiction
Scotland
Judgment Date
30 July 2013
Procedural Posture
Civil (sale of Goods, Product Liability) / Judgment After Proof (trial)
Outcome
Pursuer's case dismissed; decree of absolvitor granted in favour of defenders.
Legal Topics
Implied Terms, Satisfactory Quality, Burden of Proof, Manufacturing Defect, Sale of Goods
Contract Law Commercial Law Product Liability Implied Terms Satisfactory Quality Burden of Proof Manufacturing Defect Sale of Goods

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Parties

Derek Watters

Pursuer

The Masters Golf Company Limited

Defender

Urathon (Europe) Limited

Third Party

Procedural Posture

Civil (sale of Goods, Product Liability) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the golf trolley supplied was of satisfactory quality under section 14 of the Sale of Goods Act 1979
  2. 2 Whether the fire was caused by a manufacturing defect or by damage during use
  3. 3 Whether the pursuer discharged the burden of proof

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that the fire was caused by a manufacturing defect present at the time of supply. The evidence was insufficient to establish that the trolley was not of satisfactory quality when supplied, and the absence of direct evidence from the user (Mr McGregor) was material. The burden of proof was not discharged.

Court Disposition

Pursuer's case dismissed; decree of absolvitor granted in favour of defenders.

Orders

  • Repel the pleas in law for the pursuer.
  • Sustain the second and third pleas in law for the defender.