WebAs Karen Gidwani explains fitness for purpose is a phrase often used in everyday language in relation to a service or a product that is not working as expected or desired. In construction contracts, however, the concept of fitness for purpose has its … April 2024. April’s Dispatch looks at interpreting insurance policies and the … Insight Insight is our newsletter which provides practical information on topical … Contact London Office Fenwick Elliott LLP Aldwych House 71-91 Aldwych London, … Insight. A regular newsletter, which provides practical information on topical issues … In December 2024, the Technology and Construction Court handed down its … Fenwick Elliott is the UK’s largest law firm specialising in construction and energy … Our partners and colleagues often write construction law papers and articles for … Energy law. Balancing global expertise with specialist local knowledge, we advise … What sets Fenwick Elliott apart from our competitors, is the unique combination … Fenwick Elliott is an acknowledged leader in the field of adjudication. We have been … WebMar 8, 2024 · It was ultimately unnecessary for the court to rule on this issue as either interpretation would have placed MTH in breach of contract: both are in the nature of fitness for purpose obligations which require the achievement of a result rather than the exercise of reasonable skill and care.
Reasonable skill and care vs fitness for purpose
WebDec 17, 2008 · A “fitness for purpose” obligation imposes a higher duty. The professional consultant might be liable to the client in a situation where it has not been negligent (that is, liable even though it has used reasonable skill and care). WebThe case provides categorical confirmation that an obligation to carry out and complete works without defects such that they are fit for purpose cannot be avoided on the basis the employer specified a particular item or design. the printing house dufferin
UK: Fitness For Purpose: Two Recent Cases - Mondaq
WebMay 2, 2024 · This article will address one particular kind of warranty – the warranty of fitness for particular purpose. A warranty of fitness for particular purpose generally … WebAnother implied warranty provided by merchant sellers is the warranty of fitness for normal use, which means that the goods must be fit for the ordinary purposes for which they are sold. It is important to note that if express warranties are made, this does not preclude implied warranties. WebIf the contractor has a fitness for purpose obligation and, as is likely, the professional designers are merely required to exercise reasonable skill and care, this potentially … the printing house east york