If you have been sold defective goods, there is absolutely no reason why you should put up with it and you should consult a solicitor without delay. In a case on point, a man who paid over £1.5 million for an ocean-going yacht that sprang a leak on its maiden voyage won more than £900,000 in damages.
The company from which he bought the yacht was aware that he intended to live on her and sail her globally. She was, however, delivered hurriedly, without adequate sea trials or commissioning, and was in a seriously defective condition. Her forward cabin flooded on her maiden voyage. The company gave repeated assurances that the defects would be repaired and, although some of them were, many were not.
After the man took action, the High Court had no difficulty in finding the company in breach of warranties contained within the sale contract that the yacht would be of satisfactory quality and reasonably fit for the purpose for which the man had bought her. It had also signally failed in its contractual obligation to repair or replace any defect in workmanship, material or equipment.
The company was ordered to pay the man total damages of £911,113, that sum reflecting the difference between the current market value of the yacht in sound condition and her actual value. A lesser, concurrent award was also made against another company in the same group which had breached an agreement that the yacht would be fully repaired if the man consented to her exhibition at a boat show.
Says Kamal Majevadia "If you have been in receipt of defective goods and are unsure of your rights, it is important to seek legal advice as soon as possible. Our expert lawyers can assist."
Please contact contact Sydney Mitchell on 0808 166 8827 for help and advice.
 |
 |
 |
 |
 |
 |
|
