MR THOMAS WILLIAM KELLY v. ANERSONS HOUSE FURNISHERS (INVERURIE) LIMITED [2012] ScotSC 65 (24 May 2012)

MR THOMAS WILLIAM KELLY v. ANERSONS HOUSE FURNISHERS (INVERURIE) LIMITED [2012] ScotSC 65 (24 May 2012)

The court found that the discolouration was caused by the pursuer's own use and not by any manufacturing fault. The suite was of satisfactory quality and fit for general use. The pursuer delayed for an unreasonable period before intimating any complaint, and was therefore deemed to have accepted the goods. The defenders were not in breach of Sections 14(2) or 14(3) of the Sale of Goods Act 1979.

Citation
[2012] ScotSC 65
Parties
Pursuer: Mr Thomas William Kelly; Defender: Andersons House Furnishers (Inverurie) Limited
Jurisdiction
Scotland
Judgment Date
24 May 2012
Procedural Posture
Summary Cause / Judgment After Proof
Outcome
decree of absolvitor in favour of the defender plus expenses
Legal Topics
Sale of Goods, Satisfactory Quality, Fitness for Purpose, Acceptance of Goods, Remedies for Breach of Contract
Consumer Law Contract Law Sale of Goods Satisfactory Quality Fitness for Purpose Acceptance of Goods Remedies for Breach of Contract

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Parties

Mr Thomas William Kelly

Pursuer

Andersons House Furnishers (Inverurie) Limited

Defender

Procedural Posture

Summary Cause / Judgment After Proof

Legal Issues

  1. 1 Whether the goods supplied were of satisfactory quality under Section 14(2) of the Sale of Goods Act 1979
  2. 2 Whether the goods were reasonably fit for purpose under Section 14(3) of the Sale of Goods Act 1979
  3. 3 Whether the pursuer is deemed to have accepted the goods under Section 35 of the Sale of Goods Act 1979

Ratio Decidendi

The court found that the discolouration was caused by the pursuer's own use and not by any manufacturing fault. The suite was of satisfactory quality and fit for general use. The pursuer delayed for an unreasonable period before intimating any complaint, and was therefore deemed to have accepted the goods. The defenders were not in breach of Sections 14(2) or 14(3) of the Sale of Goods Act 1979.

Court Disposition

decree of absolvitor in favour of the defender plus expenses

Orders

  • Pursuer's claim dismissed
  • Defender awarded expenses