firm successfully negotiates settlement for torsional
vibration
Blake Lapthorn's Marine team successfully negotiated a
settlement in the sum of £10,500 plus costs for damage to a boat's
gearbox.
Our client purchased a demonstration boat from the defendant for
£240,000 in 2007. The vessel had already sailed 50 hours by the
time of purchase. Our client added a further 36 hours of sailing
over four years when it began to encounter difficulties emanating
from the portside gearbox. There was an independent report which
investigated the problem. It concluded that torsional vibration was
the route of the problem. From a liability aspect, the report was
inconclusive. The defendant argued that torsional vibration did not
necessarily mean that the vessel when sold was faulty. They
suggested that it was general wear and tear that was the cause and
therefore they were not liable.
Our client relied on the Sale of Goods Act. It was argued that
there was an implied and/or express term of the contract that the
boat would be of satisfactory quality and fit for purpose. Was it
reasonable therefore for a vessel costing £240,000 to fail after
just 36 hours of sailing? We were able to show that the
vessel was regularly serviced and the defendant eventually agreed
to settle.
