Niblett v. Confectioners Materials Co. [1921] 3 K.B. 387
Citation:Niblett v. Confectioners Materials Co. [1921] 3 K.B. 387
Rule of thumb:What state do second hand goods have to be? They have to be merchantable quality – (a) they should be functional, and (b) any significant defects should also be stated.
Ratio-decidendi:
‘ the canon of construction was ... to give full effect to the words enacted, not to read the words by the light of existing decisions, and to infer from the absence of authority an intention not to amend the law...’, Bailhache J
Atkin L.J. at page 404 used the words " No one who knew the facts would buy them in that state or condition ; in other words they were unsaleable and unmerchantable ".
Judgment:
This dictum affirms that in adjudging whether goods are ‘merchantable’ it has to be considered whether any buyer would wish to buy goods which were in the actual condition of the goods tendered, and who had knowledge of significant defects in them which might be hidden. The goods must obviously comply with any other points in the description. If therefore, the goods are functional, and any significant defects are stated, then they are of merchantable quality.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.