SALE OF GOODS—DELIVERY—IMPLIED CONDITION

House of Lords
Lord Hope, Lord Scott, Lord Rodger, Lord Brown and Lord Mance
7 March 2007

Where parties have entered into a contract for the purchase of goods which develop a fault and are taken away for inspection and repair by the sellers, the sellers may be under an implied condition under the Sale of Goods Act 1979 (SGA 1979) to provide the buyers with information requested about the repairs, to enable the buyers to make a properly informed choice between accepting and rejecting the goods.

Charles Graham QC and Gillian Wade (instructed by McCartney Stewart, Renfrew) for the appellants
Colin Tyre QC and Pino Di Emidio (instructed by Balfour & Mason, Edinburgh) for the respondents.
The appellant company carried on a farming business. The respondent was a supplier of agricultural machinery based in Scotland. The appellant purchased as a single item a combination seed drill and power harrow (the harrow) from the respondent. A fault developed with the harrow