Merchantable Quality CASES

Lady justice with law books

Harlingdon and Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd [1989] EWCA Civ 4 (15 December 1989)

An art dealer sold a painting attributed to Gabriele Münter to another dealer for £6,000, but it was later discovered to be a forgery. The buyer claimed breach of the implied condition under s.13(1) of the Sale of Goods Act 1979 (sale by description). The Court of Appeal held there was no sale by description as the buyer had not relied on the seller's attribution but on his own judgment. Facts The defendant company, Christopher Hull Fine Art Ltd, through Mr Hull, offered to sell two oil paintings described in an auction catalogue as works by Gabriele Münter (1877-1962), a

Lady justice with law books

Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association Ltd [1968] UKHL 3 (08 May 1968)

Young pheasants died after eating compound food containing toxic Brazilian groundnut meal. The case examined liability through the chain of supply under the Sale of Goods Act 1893 and Fertilisers and Feeding Stuffs Act 1926, establishing important principles on implied conditions of fitness for purpose and merchantability in commercial sales. Facts Young pheasants at Hardwick Game Farm died or were stunted after eating compound feeding stuffs supplied by Suffolk Agricultural and Poultry Producers Association Limited (S.A.P.P.A.). The harm was caused by aflatoxin contamination in Brazilian groundnut meal, which had been sold through a chain of merchants: Kendall and Holland Colombo