MACDONALD v POLLOCK AND ANOTHER (THE “MONACO”)

[2012] 1 Lloyd's Rep. 425

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).