86 Chapter 3The terms of the contract
Fitness for purpose (s. 14(3))
Section 14(3) of the SGA 1979 states that if the buyer expressly or impliedly makes known
to the seller any particular purpose for which the goods are being bought, then there is an
implied condition that the goods are reasonably fit for that purpose. This is the case whether
or not the purpose made known by the buyer is the purpose for which goods of that par-
ticular type are commonly supplied.
However, s. 14(3) will not apply if the circumstances show either that:
(i) the buyer does not rely on the skill and judgment of the seller; or
(ii) it was unreasonable for the buyer to rely on the skill and judgment of the seller.
The following example shows how s. 14(3) might operate.(iii) that the consumer’s decision to buy the goods could not have been influenced by the
statement.
The circumstances in which a buyer deals as a consumer are considered below, in relation
to the Unfair Contract Terms Act 1977 on p. 100. It will be seen there that a company can
deal as a consumer when buying goods.
Figure 3.6 gives an overview of s. 14.Figure 3.6 Section 14(2) SGA 1979