Damages for haulier sold 'unfit' unit
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• A Sittingbourne, Kent company, of commercial vehicle suppliers was ordered by a High Court judge on Monday to pay a haulier £2500 damages for selling him a tractive unit unfit for his requirements.
Mr Justice Browne ruled that the company's general sales manager told the haulier that the unit, a Dodge KP850, was suitable to operate at a 22-ton total weight. But it never fulfilled that claim.
The supplier, Rolands (Commercials) Ltd, of St Michaels Road, Sittingbourne, who had denied any misrepresentation in the sale of the unit to Mr John Granville Branson. of St Nicholas Road, Ospringe, Faversham. Kent, was also ordered to pay the costs of the four-day action.
The judge said Mr Branson was a haulage and forestry contractor, who had two trailers each limited to a total weight of 22 tons, including tractive unit, trailer and load. Finding that his Bedford tractive unit was unsuitable, Mr Branson went to the defendant and, he claimed, was told that the Dodge KP850 was the type he needed to match his trailers. It would be more effective than the Bedford, and would give him the maximum pull.
Mr Branson said that after agreeing to buy the £3386 unit on hire purchase, with a part exchange allowance of £2000 on his Bedford, he had trouble with the vehicle from the start.
It overheated, was not pulling properly and he found it impossible to get an adequate speed. He did a good deal of work on it but the vehicle was still thoroughly unsatisfactory.
The judge said that he found the suppliers' sales manager and told Mr Branson the type 850 was suitable to operate at 22 tons, and this amounted to a misrepresentation.
Although the sales manager had said in evidence he did not know what sort of work the tractive unit was going to do, he had agreed he was not blind to the possibility that Mr Branson was going to do motorway and long-distance work.
The judge said Mr Branson acted on the sales manager's advice by buying the 850 unit, but added that the sales manager believed his claims about performance were accurate.
Assessing the damages, the judge said Mr Branson had paid £3386 plus hire purchase charges of £120 for the tractive unit; the defendant had offered him £1700 for the tractive unit as a trade-in. The difference was £1806.
To this had to be added a sum for loss of profit. Mr Branson had claimed £2500 but he thought a more accurate figure would be nearer £700.