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Contract – Sale of Goods – Relevancy and specification of averments. Sheriff Court: In an action in which the pursuers, who purchased 5000 roofing tiles from the defenders in 2003 and 2004, sought damages for breach of contract, averring that the tiles had suffered severe discolouration, and contending that the defenders were in breach of implied terms as to the satisfactory quality of the goods supplied, the court concluded that the pursuers' averments anent pecuniary loss should be allowed to go to proof, however those regarding a manufacturers' guarantee in relation to the tiles were irrelevant, those relating to the tiles' conformity or otherwise with British Standards were lacking in specification, and those anent rejection of the tiles did not disclose a tenable claim for rejection and accordingly should be deleted.
Contract – Sale of Goods – Relevancy and specification of averments. Sheriff Court: In an action in which the pursuers, who purchased 5000 roofing tiles from the defenders in 2003 and 2004, sought damages for breach of contract, averring that the tiles had suffered severe discolouration, and contending that the defenders were in breach of implied terms as to the satisfactory quality of the goods supplied, the court concluded that the pursuers' averments anent pecuniary loss should be allowed to go to proof, however those regarding a manufacturers' guarantee in relation to the tiles were irrelevant, those relating to the tiles' conformity or otherwise with British Standards were lacking in specification, and those anent rejection of the tiles did not disclose a tenable claim for rejection and accordingly should be deleted.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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