Fitness for purpose (s. 14(3))
This section of SOGA implies a condition that the goods are supplied reasonably fit for the specific purpose of the buyer. This condition is only implied where the buyer makes it known to the seller, either expressly or by implication, that the goods are for a particular purpose, except where it is unreasonable for the buyer to rely on the skill or judgement of the seller. Therefore where the buyer informs the seller he intends to use the goods in a certain way, in conjunction with other goods, or where this intention is apparent from the situation, the goods must be fit for that specific purpose. For example, where a seller knows the buyer is a farmer buying for his farm, supplying ploughing machinery not of agricultural grade is likely not to be fit for purpose, even if it could be used to plough.
The particular purpose indicated by the buyer does not have to be abnormal – he could indicate he intends to use the goods for their normal purpose and still rely on s. 14(3). The goods have to be reasonably fit for purpose, therefore the more specific and narrow the buyer describes his purpose, the more closely the goods will have to fit that purpose. It will be important for the buyer to be as explicit as possible: asking for Canon printer cartridges for a particular model of printer will require a closer fitness for purpose than simply requesting Canon printer cartridges.
Section 14(3) requires the buyer to reasonably rely on the seller’s skill and judgement. This will be easily satisfied in many circumstances; consumers buying from retailers and anyone buying from a manufacturer will usually be said to rely on them. However, if the buyer’s purpose is insufficiently communicated he potentially may not be reasonably relying on the seller’s skill and judgement: the seller is not a mind reader!
Where a buyer supplies a specification, he will rely on the seller to produce the goods to the specification. The buyer will be relying on the seller to use components that are fit for purpose, but not that the end result will be. Where a specification is silent, the buyer will be relying on the seller’s judgement.