Aswan Engineering v Lupdine [1987] 1 All ER 135 Court of Appeal

The claimants purchased some liquid waterproofing from the defendant which was contained in some heavy duty plastic pails. The pails were described as being heavy duty and suitable for storage outside. The claimant stored the pails outside, but they were in Kuwait and the pails were left out in the sun in temperatures of up to 70%c. Consequently the pails melted and the liquid waterproofing was ruined. 

Held:

The court applied the usability test as it was a business to business contract. This test asks if a reasonable user could have used the goods for the purposes for which they are commonly supplied. Consequently there was no breach of s.14 as it was the extreme conditions which caused the pails to melt. A reasonable user could have used the goods without incurring damage.

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