MACDONALD v POLLOCK AND ANOTHER (THE "MONACO")

[2012] Lloyd's Rep Plus 22

SCOTLAND COURT OF SESSION (INNER HOUSE)

Before Lord Eassie, Lord Brodie and Lord Osborne

Sale of ship - Buyer's engineer inspecting vessel prior to conclusion of contract - Defects subsequently becoming apparent on sea voyage - Buyer rejecting vessel - Whether sellers in breach of implied term of satisfactory quality - Whether sale "in course of a business" - Whether sellers entitled to rely on fact that buyer examined vessel before contract was made - Whether buyer's rejection of vessel equivocal - Sale of Goods Act 1979, section 14(2) and 14(2C)(b).