RELATING TO ELECTRICITY AND MACHINERY 203 



arbitration proceedings, in which the local authority sought to 

 recover the sum so paid from the contractors, the arbitrator 

 found that earthing the tubes would not have been desirable 

 so far as risk of fire was concerned, but would in fact have 

 been desirable so far as risk of accident to bathers was con- 

 cerned. It was held, upon the hearing of a special case stated 

 by the arbitrator, that inasmuch as the insurance company's 

 rules were framed for the prevention of fire, and earthing was 

 not desirable for that purpose, there had been no breach of 

 contract, and that therefore the wiring contractors were not 

 liable. (See this case also considered, Chap. XVII., 11, ante.) 



6. Latent defects in machinery. The law as to the rights of 

 the parties on the sale and purchase of machinery is now to be 

 found in the Sale of Goods Act, 1893. By s. 14 of that Act it 

 is provided that: " Subject to the provisions of this Act. . . . 

 there is no implied warranty or condition as to the quality or 

 fitness for any particular purpose of goods supplied under a 

 contract of sale, except as follows : 



" (1) Where the buyer, expressly or by implication, makes 

 known to the seller the particular purpose for which the goods 

 are required, so as to show that the buyer relies on the seller's 

 skill or judgment and the goods are of a description which it 

 is in the course of the seller's business to supply (whether he 

 be the manufacturer or not) there is an implied condition that 

 the goods shall be reasonably fit for such purpose ; provided 

 that in the case of the sale of a specified article under its 

 patent or other trade name, there is no implied condition as 

 to its fitness for any particular purpose. 



" (2) Where goods are bought by description from a seller 

 who deals in goods of that description (whether he be the 

 manufacturer or not) there is an implied condition that the 

 goods shall be of merchantable quality ; provided that if 

 the buyer has examined the goods there shall be no implied 

 condition as regards defects which such examination ought to 

 have revealed. 



" (3) An implied warranty or condition as to quality or fitness 

 for a particular purpose may be annexed by the usage of 

 trade. 



" (4) An express warranty or condition does not negative a 

 warranty or condition implied by this Act unless inconsistent 

 therewith." 



