(a) fitness for all the purposes for which goods of this question are
commonly supplied
(b) finish and appearance
(c) freedom from minor defects
(d) safety
(e) durability.Section 14 (2C) adds that ‘any matter specifically brought to the buyer’s
attention before making the contract will not amount to unsatisfactory
quality, neither will any defect found, or which ought to have been found,
if the buyer examines the goods’.
Fitness for a particular purpose
Section 14(3) implies a condition that goods will be fit for any particular
purpose made known by the buyer to the seller.
Consumer protection 241Jewson v Boyhan (2003)
In this case, concerning the efficiency of electric heating boilers, the
Court of Appeal confirmed that the word ‘satisfactory’ in s.14(2) refers
to general quality of goods and is quite distinct from a particular use
that the buyer has in mind, which may come within s.14(3). The word
‘satisfactory’ in s.14(2) referred to whether the boilers worked in
general for heating purposes, while s.14(3) referred to whether the
boilers would be suitable to heat this particular property.Can you think of some special purposes for which products may be bought,
which a buyer may wish to make known at the time of purchase?Griffiths v Peter Conway (1939)
A buyer of a Harris tweed coat had a particularly sensitive skin and
found that it caused dermatitis (even though it would not have done so
to a normal user). She sued, claiming that the coat was not fit for her
purpose, and failed because she had not made known her particular
sensitivity at the time of forming the contract.Why do you think that this particular buyer may not have made her
requirements known more clearly?