#contract #law #terms
No implied condition as to fitness for a particular purpose arises where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgment. In the case of Balmoral Group Ltd v Borealis Ltd the claim under s 14(3) ultimately failed because, although Balmoral had made known its particular purpose and the material supplied by Borealis was not fit for this purpose, it was held that Balmoral could not reasonably rely on Borealis. Balmoral was in a position of greater expertise and it was for them to gauge the suitability of the seller's material for their particular purpose.
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