Buyers remedies Flashcards
Clegg v Anderson
Right of Rejection
Yacht was bought for £250,000, buyer asked seller for info on how the defects in the purchased yacht could be fixed and the buyer accepted that some repairs were required
The buyer did not reject the yacht immediately
However he was entitled to reject it - he did not need to accept the goods just because he asked for a repair
Douglass v Glenvaraill Co
Right of Rejection
The court held that 15 weeks was not a reasonable time to reject a car that was faulty
J&H Richie Ltd v Lloyd Ltd
Interaction of reject and repair
Seller bought defective property and went back to inspect it, the seller repaired it without asking the buyer
Buyer was entitled to know what was discovered to make an informed decision as to whether to reject it
Pini & Co v Smith and Co
Reasonable opportunity to examine the goods
If the buyer fails to examine the goods at the time of the purchase but does so much later then he is deemed to have accepted them
Truk Ltd v Tokakidis
Reasonable opportunity to examine the goods
Reasonable period in which to reject the goods is likely to be looked at leniently by the courts