RASBORA LTD. v. J.C.L. MARINE LTD. ATKINSON AND OTHERS v. J.C.L. MARINE LTD.

[1977] 1 Lloyd's Rep. 645

QUEEN'S BENCH DIVISION

Before Mr. Justice Lawson

Sale of ship - Condition - Implied condition - Merchantable quality-Sale of power boat to private buyer in England-Intention of parties that real buyer would be non-United Kingdom resident-Company registered in Jersey purporting to be real buyer-Contract excluding liability for breach of implied condition-Boat totally lost by fire due lo faulty electrical installation or circuit-Whether novation of contract-Whether boat of merchantable quality-Whether sale a "consumer sale"-Whether sale a contract for the international sale of goods-Whether fundamental breach-Effectiveness of exclusion clause-Sale of Goods Act, 1893, ss. 14(2), 55(4), (5) (7), (8), 61(6), 62(1), (1A).