Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or
It is readily accepted that products, goods, components and materials have to be reasonably fit for their purpose. That is, after all, what statute provides (Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982). But does this also extend to something as big as a
Although implied terms only require you to be averagely competent, sometimes ‘reasonable skill and care’ means more than mere competency. Specialists On limited occasions, the courts imply a higher standard of care than ‘average’ but only for self-confessed specialists. Specialist: If a consultant has special knowledge, then she is expected
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute, or from decisions of the courts (known as case law),
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