WHITECAP LEISURE LTD v JOHN H RUNDLE LTD

[2008] 2 Lloyd's Rep. 216

COURT OF APPEAL

Before Lord Justice Ward, Lord Justice Wall and Lord Justice Moore-Bick

Sale of goods - Cable tow system-Certificate of completion issued - System failed to operate properly - Whether system defective - Whether buyer had lost right to reject goods - Whether seller acquiesced in rejection - Whether liability excluded by buyer’s failure to comply with notification of defects clause - Principles of construction - Whether seller owed duty of care to supply goods of required quality - Sale of Goods Act 1979, sections 11, 14, 34 and 35.