MCS 3040 – Assignment

Business and Consumer Law Assignment

The major parties that will be involved in the litigation for the breach of the conditions and warranties in the sale of the ship will be Davey Jones as the plaintiff and Captain Jack Sparrow Inc as the defendant. Davey Jones will sue the defendant Captain Jack Sparrow Inc on the basis that under the Sale of Goods Act warranties and conditions, the ship has allegedly failed to meet the criteria that provides that the product must be fit for the purpose for which it has been purchased. Failure to meet the fitness for purpose means that Davey Jones will be entitled to a remedy that includes the rejection of the ship or suing for damages.


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A buyer is entitled to reject goods that have been sold to him under the Sale of Goods Act warranties and conditions if it fails to meet the implied condition of fitness for a particular purpose (Tepper, 2012). This condition implies that where a buyer expressly or by implication informs the seller the purpose for which the goods will be used so as to show the seller that he relies on his skill or judgment, there is an implied condition that the goods are fit for the function. This condition for fitness often overlaps with the merchantability legal principle in that they are applied together with one another. Therefore, a reasonable examination by the buyer of the goods in this case Davey Jones is enough to entitle the buyer to merchantable goods that fit the description under which the goods are sold by the seller. In the present case, the fact that Davey Jones has taken a quick look and believed that the ship is equivalent to what he desires is enough to entitle him to goods that are merchantable. Davey Jones can therefore sue Captain Jack Sparrow Inc for selling him a defective ship that does not meet the description under which the ship was sold or offered for sale.

In this case, an aggrieved Davey Jones who is the buyer can sue Captain Jack Sparrow Inc for the breach of the conditions of fitness and merchantability of the goods purchased. The basis for this claim will be the Sale of Goods Act which provides the seller’s obligations as conditions or warranties (Tepper, 2012). Whenever the conditions are broken or breached, then the buyer can sue for damages or alternatively reject the goods that have been supplied. It is worth noting that the right to reject should be exercised as soon as possible, especially when the goods have been delivered rather than when the defect was defected.

On the other hand, the warrant entitles the buyer to damages including the consequential damages that may have arisen due to the breach of contract by the seller that were foreseeable. In US case of Buckley v. Lever Brothers 8 Civ. 9193 (DAB), the plaintiff purchased from the defendants plastic clothes pins at 50 cents and box tops, but one of the pins had a defect and injured the plaintiff’s eyes. The court sitting at Ontario held that the seller had breached the merchantability and the fitness legal principle and the plaintiff or the buyer was entitled to recover the damages suffered due to the personal injuries caused by the pin.

Based on the above opinion and the clauses that provide for the conditions and warranties under the Sale of Goods Act, Davey Jones can sue Captain Jack Sparrow Inc as they have expressly breached the principle of merchantability and fitness of the product. The fact that the ship has taken in excessive amount of water barely ten kilometers after starting to sail means that the buyer is entitled to return it back to the seller and claim damages. Davey Jones can also reject the ship that has been sold to him by Captain Jack Sparrow Inc and still claim damages from him for the loss incurred and false expectation offered by the ship that is not merchantable.

In conclusion, it can be stated that Davey Jones suing as the plaintiff will be successful in his claim against Captain Jack Sparrow Inc as the seller has provided a ship that is not fit for the purpose for which it has been ordered. Further, the fact that the seller has breached the conditions and warranties as contained in the Sale of Goods Act entitles the buyer to reject the goods or claim for compensation in terms of damages (Kurer, 2002). However, the buyer must prove to the court that he relied on the seller’s description of the goods at the time of sale. The buyer is also obliged to reject the ship that is defective at the time f delivery or reasonably soon after detecting the defects in the ship that makes it not merchantable. In addition, Davey Jones can only succeed if he proves that the seller in this case Captain Jack Sparrow Inc foresaw the defect in the ship but still went ahead to sell to him the ship with its defects not disclosed.

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