||All England Reporter
|| All ER (D) 51 (May)
|| EWHC 965 (TCC)
||Queen's Bench Division, Technology and Construction Court
||Mark Venhegan QC (instructed by Trethowans) for the claimant.
||David Marshall (instructed by Boyes Turner) for the defendant.
||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 - .
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.
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