Stevenson v Rogers [1999]

Facts

  • A fisherman sold his boat and purchased a replacement
  • The boat was not of satisfactory/merchantable quality

Issue

  • Had the transaction occurred in the course of a business

Decision

  • Yes, seller liable as breach of implied terms s 14(2) Sale of Goods Act

Reasoning

  • Broad interpretation to ‘in the course of a business’, therefore implied term
  • Different interpretation to R&B Customs Brokers v United Dominions Trust which applied the phrase in the context of the Unfair Contract Terms Act 1977
RELATED CASE  Derry v Peek [1889]

Posted in Contract Law Revision Notes.

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