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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Egan v Motor Services (Bath) Ltd  EWCA Civ 1002 (18 October 2007)
Cite as:  WLR 1589, (2007) 151 SJLB 1364,  EWCA Civ 1002,  1 All ER 1156,  1 WLR 1589,  1 FLR 1294
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM Bristol County Court
HHJ Rutherford DL
Strand, London, WC2A 2LL
B e f o r e :
LADY JUSTICE ARDEN
LADY JUSTICE SMITH
| Darren Egan
|- and -
|Motor Services (Bath) Ltd
Louis Weston (instructed by Withy King) for the Respondent
Hearing date : 3 October 2007
Crown Copyright ©
Lady Justice Smith :
"the vehicle exhibited what I believe was an uncharacteristic drift to the left. The handling characteristic exhibited by this vehicle, in my opinion, was considered to be uncharacteristic and unacceptable for this particular vehicle considering its age and recorded mileage."
The recorded mileage at the time was about 1300 miles.
"22. The factual evidence establishes that there is no dispute that this motor car does have a tendency to drift when driven at speeds of 50-60 mph."
23. It is the claimant's case that this is a defect rendering the vehicle unsatisfactory and not fit for its purpose. It is the defendant's case that this drift is only because the motor car is 'camber sensitive' as is any car of this quality and price; that there is nothing unusual or dangerous in this; and that therefore there is no question but that it is satisfactory and fit for purpose."
14(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.
14(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 into account of any description of the goods, the price (if relevant) and all other relevant circumstances.
14(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 –
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish
(c) freedom from minor defects
(d) safety, and
14(3) …. there is an implied term that the goods supplied under the contract are reasonably fit for that purpose."
"This vehicle did at all material times have a tendency to 'veer', deviate' or drift' to the nearside."
The First and Fourth Grounds
The Second and Third Grounds of Appeal
Lady Justice Arden : I agree.
Lord Justice Ward :