But, it is to be remembered that the law has made certain conditions to be fulfilled by the claimant which may turn to the triumph of the defendant. Before proceeding to render an advise to ITS, Firstly we shall examine the provisions of various Acts arises from this case and also we shall examine how it is wrought to help claim of ITS, the defendant.
The general rule is that he purchaser of goods, which turn out to be defective, will sue in contract for breach of the terms implied by the Sale of Goods Act 1979, or the Supply of Goods and Services Act 1982, which cannot be excluded against a consumer. In Donoghue v Stevenson (1) Lord Atkin stated that a manufacturer of products owes a duty to the ultimate consumer to take reasonable care in the preparation of the product. But as said above the law never is single sided
correspond to the description and such goods shall be of merchantable quality.(2) This aspect is well explained in the case Varley Vs Whipp.(3) The term, "merchantable quality' means that the goods comply with the description, so that to a purchaser buying goods of that description the goods would be good tender. In Harlingdon and Leinster Enterprises Ltd v. Christopher Hull Fine Art Ltd (4) also the same point has been discussed. Moreover in Wilson v Rickett, Cockerell (5) by applying the purview of S. ...Show more