Claimant Loses Stone Delivery Dispute at Civil Resolution Tribunal
📌 In brief
The claimant ordered stone for her home's exterior and claimed the delivered stone was the wrong color. However, the tribunal ruled that the claimant did not provide enough proof that the stone was incorrect, resulting in a decision in favour of the respondent for payment of the stone and delivery charges.
⚖️ Legal holding
A seller is not liable for providing stone that matches the sample within natural variations, unless the buyer proves otherwise.
📖 Technical summary
The claimant failed to prove that the stone delivered was incorrect, thus the respondent is entitled to payment for the stone and delivery charges.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The delivered stone's minor color differences from the sample were due to natural variations and grouting.
- The seller's catalogue and invoice included disclaimers about natural stone variations.
- The buyer had a reasonable opportunity to compare the bulk stone with the sample before installation.
- The buyer did not provide a photograph of the sample she received to support her claim.
- The buyer did not argue that the delivered stone was defective or unmerchantable.
❌ Tends to be rejected
- The buyer's claim for additional costs for stone removal and emotional distress was not properly before the tribunal.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision ruled that the claimant must pay the respondent for the stone and delivery charges.
What was the dispute about?
The dispute was about whether the stone delivered to the claimant's home was the correct color as per the sample provided.
How did the court decide, and why?
The court decided in favour of the respondent, finding that the claimant did not provide sufficient evidence to prove that the stone was incorrect.
Which laws or rules were applied?
The Sale of Goods Act, section 19, was applied to determine the conditions of a sale by sample.
What was the argument that mattered most?
The argument that mattered most was whether the stone delivered matched the sample within natural variations.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means they need to provide strong evidence to prove that the delivered goods do not match the sample provided.
What evidence or documents mattered?
The evidence that mattered included the sample photo, the invoice, and the claimant's communication regarding the stone issue.