Aitken Spence & Co. Ltd. v. James Appuhamy – 1978_79_80 volume 1 page 390

In the case between Aitken Spence & Co. Ltd. (Plaintiff/Appellant) and James Appuhamy (Defendant/Respondent), the court addressed the issue of liability and fitness under the Sale of Goods Ordinance section 15(1) concerning the fabrication and mounting of petroleum bowsers. It was determined that the goods must be fit for their intended purpose and remain merchantable for a reasonable time, with both parties under a duty to mitigate losses. The facts established that the Petitioner’s requests for wooden chassis runners were declined by the Firm, contributing to subsequent damage, while contributory conduct by the Petitioner was also recognized. The holding reduced the recoverable damages and partially affirmed the lower court’s directions, reaffirming the key principle of fitness for purpo