Source: All England Reporter
Publisher Citation: [2015] All ER (D) 226 (Jun)
Court: Queen's Bench Division, Technology and Construction Court (Birmingham District Registry)

Judge David Grant

Judgment Dates: 15 May 2015


Contract - Breach of contract - Implied terms - Reasonableness - Claimant company bringing claim for price of laminate sheets sold and delivered to defendant company - Claim being admitted - Defendant alleging problem with goods supplied and counterclaiming for breach of contract - Whether claimant's standard terms and conditions being incorporated into contracts of sale - Whether terms satisfying statutory test of reasonableness - Whether implied term of satisfactory quality and/or fitness for purpose - Whether breach of standard terms or of implied term - Whether defendant entitled to damages for breach of contract.

The Case

Contract Breach of contract. The defendant company counterclaimed against the claimant distributor of laminator sheets for breach of contracts concerning various sales of laminated sheets, which had been used to create bonded panels for fitting out Primark stores, but which had been rejected as allegedly defective. The Technology and Construction Court held that the defendant had failed to prove the breaches of the standard and implied terms of contract alleged and it was not entitled to recover any loss and damage.

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