Source: All England Reporter
Publisher Citation: [2010] All ER (D) 51 (May)
Neutral Citation: [2010] EWHC 965 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Toulmin J

Representation Mark Venhegan QC (instructed by Trethowans) for the claimant.
  David Marshall (instructed by Boyes Turner) for the defendant.
Judgment Dates: 6 May 2010


Sale of goods - Implied condition as to fitness - Reasonably fit - Defendant supplying computer software to claimant - Contract on defendant's standard terms - Standard terms including limitation of liability clause - Software not fit for purpose - Whether claimant entitled to reject software - Whether limitation clause reasonable - .

The Case

Sale of goods Implied condition as to fitness. The Technology and Construction Court held that a hotel had been entitled to reject a computer booking system supplied to it by the defendant as it was not of satisfactory quality, and that a limitation of liability clause in the defendant's standard form contract was not reasonable in the circumstances.

Practice Areas

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