AUSTEN AND ANOTHER V PEARL MOTOR YACHTS LTD

[2014] EWHC 3544 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Eder, 30 October 2014

Sale of goods - Breach of contract - Burden of proof - Sale of Goods Act 1979, section 14

A yacht had grounded and suffered damage. The claimants sought damages from the yacht builder under section 14 of the Sale of Goods Act 1979. The judge found that the claimants had established, on a balance of probabilities, that the damage would not have been suffered had the yacht been built to the contract specifications as to hull laminate thickness.