Published: Wed, 07 Mar 2018
Shanklin Pier Ltd v Detel Products Ltd  2 KB 854
Contracts – Sale of goods – Express warranty Breach of Warranty
The Plaintiffs were owners of a pier in Shanklin on the Isle of Wight. They entered into a contract with contractors to have the pier repaired and painted. Under the contract the plaintiff had the express right to alter the contract. The Defendant company director approached the Plaintiffs with a new painting product for the pier. After much persuasion, the Plaintiffs amended their contract with the Contractors to allow for the paint in the renovation. After several months, the paint flaked off and did not last. The Plaintiffs brought a claim for damages.
Whether the Plaintiff was entitled to bring a claim against the Defendant company, who was not party to the contract to undertake renovations.
The Defendant was found to be liable given he had provided an express warranty over the paint to the Plaintiffs, who in consideration of the warranty caused the contractor to buy the paint from the Defendant also and suffer the same damage, by reason of a breach of warranty. It was held that if the contract for the direct sale and purchase had been made between the Plaintiff and the Defendant (with no involvement of a contractor), then the same warranty for the paint would be intended to exist and be implied. The Judge saw no reason as to why the same warranty should not be enforceable and extend between the Plaintiff and the Defendant. The Plaintiff was entitled to recover damages.
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