Bernstein v Pamsun Motors (car stopped all of a sudden because of a defect, on the motorway, so breach of section 14.Дurability (goods must be of satisfactory quality for a reasonable period of time after delivery).

brakes don't work) is not of satisfactory quality (except if it is only sold for scrap), Defects in appearance can render a vehicle unmerchantable.ДЄ second-hand car which is not safe to be driven on the road (e.g. for a vehicle sold as new, the performance and finish to be expected are those of a model of average standard). The appropriate degree varies with the price, the description and other factors (e.g. For motor vehicles the purposes include not merely the purpose of driving, but doing so with the appropriate degree of comfort, ease of handling and pride in the vehicle's appearance. Fitness for all purposes for which goods are commonly suppliedДЄ new Range Rover had minor defects to the engine and bodywork. Market price and quality of goods vastly differentДЎ. Buyer had not told seller that he wanted to use the cloth for dresses Industrial fabric to be used for dresses This good was regarded as merchantable quality because it was suitable for other industrial purposes and could be sold without any substantial reduction of the price) (the buyer of industrial fabric found it unsuitable for making into dresses.

Brown (BS) & Son Ltd v Craiks Ltd 1 All ER 823.

Shine v General Guarantee Corporation 1 All ER 911ДЄ 20-months-old car was regarded of unsatisfactory quality because it had been submerged in water before the sale (without the knowledge of the buyer) and had been treated as a 'write-off' by its insurer.

However, if the defect is sufficiently serious a second-hand car can be of unsatisfactory quality: second-hand goods cannot be expected to be in perfect condition (e.g. The level of quality depends on the circumstances (e.g.

However, although the test is objective, it would be inappropriate to base it on a reasonable person with no knowledge of the facts of the case: instead the 'reasonable person must be one who is in the position of the buyer, with his knowledge'.

(objective standard, so irrelevant what the person believed).

Relevant factors under section 14(2A) SOGA (s. Accordingly, breach of the term implied by s14(2) will usually entitle the buyer to reject the goods, repudiate the contract, and recover damages.

The term implied by s14(2) is a condition.

However, now 14 (2b)(a) seems to require the goods to be fit for all the purposes for which goods of that kind are commonly bought O (a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods.(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all the other relevant circumstances.(Implied terms only apply to sales made in the course of a business )

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

Sale of goods act s 14