The Weekly Law Reports
[1966] 1 WLR 287
[COURT OF APPEAL]
HARDWICK GAME FARM
v.
SUFFOLK AGRICULTURAL POULTRY PRODUCERS ASSOCIATION
WILLIAM LILLICO & SON LTD. AND GRIMSDALE AND SONS LTD. (THIRD PARTIES)
HENRY KENDALL AND SONS (A FIRM) AND HOLLAND COLOMBO TRADING SOCIETY LTD. (FOURTH PARTIES)
[1961 H. No. 1838]
1965 Oct. 4,
5,
6,
7,
8,
11,
12,
13,
14,
15,
18,
19,
20,
21;
Dec. 20
Dec. 20
SELLERS, DAVIES and DIPLOCK L.JJ.
Sale of goods
— Warranty
— Implied statutory warranty
— Ground-nut extraction sold to manufacturer for use as ingredient in compound food for poultry
— Food fed to pheasants and partridges
— Deaths of chicks and poults due to toxic substance in ground-nut extraction
— Whether warranty as to suitability of “article” for use as food for poultry applicable
— Whether damages recoverable
— “Poultry”
— Meaning of
— “Article”
— Meaning of
—
Fertilisers and Feeding Stuffs Act, 1926 (16 & 17 Geo. 5, c. 45), s. 2 (2), Sch. 1.
Sale of goods
— C.i.f.
— Implied statutory warranty
— Toxic ground-nut extractions sold for resale and manufacture into compound food for poultry
— Circumstances in which implied statutory warranty as to suitability applies to c.i.f. contracts
—
Fertilisers and Feeding Stuffs Act, 1926, s. 2 (2).
Sale of goods
— Implied term
— Fitness for purpose and merchantable quality
— Toxic ground-nut extraction sold for compounding into poultry food
— Oral contract confirmed by sale note placing responsibility for latent defects on buyer
— Effect of
— Extraction 288suitable for some purposes but not for the particular purpose for which sold
Whether a breach of implied terms as to fitness and merchantability
— Buyers and sellers of goods members of same trade association
— Contracts on Association's standard form
— Clause placing responsibility for latent defects on buyers
— Whether buyers entitled to rely on sellers' skill and judgment
—
Sale of Goods Act, 1893 (56 & 57 Vict. c. 71)
s. 14 (1) (2).