Lack of thermostat does not make heater below merchantable quality

In the case at issue it was argued that a heater without thermostat, which caused cardboard boxes placed nearby to ignite, was not of merchantable quality. The claim was rejected, as was the appeal, in that the heater came with clear warnings against placing objects against it. The heater conformed to British Standards and similar heaters had been used by the same company for eight years.