||All England Reporter
|| All ER (D) 07 (Oct)
|| EWHC 2153 (TCC)
||Queen's Bench Division, Technology and Construction Court
||Philip Shepherd QC and Tom Montagu-Smith (instructed by Fox Hartley) for the claimant.
||Neil Moody QC (instructed by Kennedys) for the defendant.
||Charles Dougherty (instructed by DWF LLP) for the third party.
||31 August 2011
Sale of goods - Implied condition as to satisfactory quality - Satisfactory quality - Claimant purchasing pump from defendant - Claimant fitting pump at health spa - Fire occurring at spa - Parties in agreement that fire caused by pump - Whether fire caused by electrical fault in pump - Whether pump supplied in satisfactory quality - .
Sale of goods Implied condition as to satisfactory quality. The Technology and Construction Court held that the claimant electrical contractor's claim against the defendant seller of pumps would be dismissed, where on the balance of probabilities, a fire at premises using a pump supplied by the defendant had been caused by damage inflicted on the pump's cable by staff at the premises.
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