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
