WHITECAP LEISURE LTD v JOHN H RUNDLE LTD
[2008] Lloyd's Rep. Plus 49
COURT OF APPEAL
Before Lord Justice Ward, Lord Justice Wall and Lord Justice Moore-Bick
Sale of goods – Cable tow system – Certificate of completion
issued – System failed to operate properly – Whether system defective – Whether
buyer had lost right to reject goods – Whether seller acquiesced in rejection –
Whether liability excluded by buyer’s failure to comply with notification of defects
clause – Principles of construction – Whether seller owed duty of care to supply
goods of required quality – Sale of Goods Act 1979, sections 11, 14, 34 and 35.