Remedies

Question 1

What does s.34 SGA say?

Answer 1

Provides the buyer with rights of examination
before acceptance.

This is particularly important where the goods are
not seen at the time of purchase.

Question 2

What does s.35 SGA say?

Answer 2

Provides that where goods have been
delivered to a buyer who has not previously examined them, the buyer
is not deemed to have accepted them until he has had a reasonable
opportunity to examine them.

Question 3

What does s.35A of the SGA say?

Answer 3

If a buyer has the right to reject the goods by reason of the seller’s breach which affects some or all of the goods, but has accepted some of them, he does not by accepting them lose his right of rejection of the rest.

Question 4

When can the right to reject be lost?

Answer 4

A buyer has been deemed to accept the goods when:

1. he has accepted them expressly
2. does any act in relation to the goods which is inconsistent with the ownership of the seller
3. After the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

Question 5

What happens where the right to reject has been lost?

Answer 5

The buyer must treat any breach of condition (e.g. implied term as to satisfactory quality as a breach of warranty and the only remedy lies in damages.