Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association

Subject Matter

ANIMAL — Bird — “Poultry” — Whether including partridges and pheasants

[1969] 2 AC 31; [1968] 3 WLR 110; [1968] 2 All ER 444; [1968] 1 Lloyd's Rep 547, HL(E)

SALE OF GOODS — Cif — Implied statutory warranty — Toxic gound-nut extractions sold for resale and manufacture into compound food for poultry — Circumstances in which implied statutory warranty as to suitability applies to cif contracts — Fertilisers and Feeding Stuffs Act, 1926, s 2 (2)

[1966] 1 WLR 287; [1966] 1 All ER 309; [1966] 1 Lloyd's Rep 197, CA

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 suitable 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, s 14 (1) (2)

[1966] 1 WLR 287; [1966] 1 All ER 309; [1966] 1 Lloyd's Rep 197, CA

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, s 2 (2), Sch 1

[1966] 1 WLR 287; [1966] 1 All ER 309; [1966] 1 Lloyd's Rep 197, CA

Appellate History