BREACH OF BUILDING REGULATIONS RENDERS SELLER LIABLE UNDER THE SALE OF GOODS ACT

In Lowe v W Machell Joinery Ltd [2011] EWCA Civ 794, [2011] All ER (D) 115 (Jul), the Court of Appeal held that the supply of goods which were in exact conformity with the express terms of the contract but which could not lawfully be used by the buyer because their use would result in a contravention of the Building Regulations resulted in a breach by the seller of s14(2) and (3) of the Sale of Goods Act 1979 in that the goods were not reasonably fit for their purpose nor were they of satisfactory quality. The fact that the defect in the design could easily be put right was held not to deprive the buyers of their right to terminate the contract and recover the price which they had paid.