“We agree with the submission of learned counsel for the respondents that whether or not a particular defect materially alters the nature of the subject matter and so constitutes a breach of a fundamental condition is a matter of fact. In Astley Industrial Trust Ltd. v. Grimley [1963] 2 All E.R. 33,24 Pearson, L.J., observed as follows at p.40:- “The decided cases show that normally in a hiring or hire-purchase agreement the person who lets goods on hire assumes some contractual responsibility for the fitness of the goods for the purpose for which the hirer requires them, but the existence and the extent of the obligation depend on the contractual intention of the parties, which is to be ascertained from the provisions of the particular agreement and from the relevant facts of the situation in relation to which the agreement was made.”
LawCompass
… the Digital Solution Research Tool
