Sale of goods: B2C

Question 1

Bramhill v Edwards

Answer 1

1. “The reasonable person must be one who is in the position of the buyer, with his knowledge; for it would not be appropriate for the test to be that of a reasonable third party observer not acquainted with the background of the transaction”

Question 2

Bramhill v Edwards

Answer 2

1. The court suggested that consumers who looked around a motor home should have realised that it might exceed permitted dimensions and should therefore have measured it
2. This will probably not follow in a B2C contract
3. It might seem appropriate in a commercial context but not in respect of a consumer contract

Question 3

Christina Tenant Johnston and Peter Johnston v R & Leather (Scotland) Limited

Answer 3

1. The consumer rejected a leather suit which was not of satisfactory quality
2. The trader failed to react to multiple attempts to contact them so they would collect it
3. After some time, the consumer disposed of it by other means and sought to recover the price paid
4. The trader argued that the consumer could not reject the goods because they were no longer available for collection
5. It was held that the obligation under section 20(7) was not without limits and that, depending on factors such as the nature of goods, a consumer’s ability to store them, the number of failed attempts to contact the trader and the length the goods had been retained, a consumer can dispose of them after a certain amount of time