Flynn v Scott [1949] ScotCS CSOH_7 (06 May 1949)

Flynn v Scott [1949] ScotCS CSOH_7 (06 May 1949)

Section 14(1) did not apply because only the general purpose of the van was communicated, not a particular purpose; the seller's statement about the van's condition was opinion, not actionable misrepresentation; and the buyer failed to reject the van within a reasonable time, barring his claim.

Citation
[1949] ScotCS CSOH_7
Parties
Pursuer: Flynn; Defender: Scott
Jurisdiction
Scotland
Judgment Date
06 May 1949
Procedural Posture
Civil / First Instance
Outcome
action dismissed; defender assoilzied
Legal Topics
Implied Terms, Misrepresentation, Rejection of Goods, Reasonable Time for Rejection
Contract Law Sale of Goods Implied Terms Misrepresentation Rejection of Goods Reasonable Time for Rejection

Case Brief

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Parties

Flynn

Pursuer

Scott

Defender

Procedural Posture

Civil / First Instance

Legal Issues

  1. 1 Whether the buyer made known a particular purpose for the van under section 14(1) of the Sale of Goods Act 1893
  2. 2 Whether the seller's statement that the van was in good running order constituted a material misrepresentation
  3. 3 Whether the buyer rejected the van within a reasonable time

Ratio Decidendi

Section 14(1) did not apply because only the general purpose of the van was communicated, not a particular purpose; the seller's statement about the van's condition was opinion, not actionable misrepresentation; and the buyer failed to reject the van within a reasonable time, barring his claim.

Court Disposition

action dismissed; defender assoilzied

Orders

  • Sustain plea 4 for the defender
  • Sustain plea 7 for the defender