'A Stitch in Time?': Repairs and Rejection in Sale of Goods

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

Section 35(6)(a) says there is no acceptance of goods (and, hence, no loss of the right to reject) where a defective good is repaired, pursuant to 'an arrangement with the seller'. However, what is the position where the seller, having repaired the goods, does not tell the buyer what the fault was or what was done to rectify it? In such a case, the House of Lords has held the buyer can still reject the goods, even where the seller says they are 'as good as new'. The basis for doing so was an implied term. Nonetheless, the reasoning is diverse, and it is the diversity of reasoning which is looked at.
Original languageEnglish
Pages (from-to)316-21
Number of pages5
JournalEdinburgh Law Review
Volume12
DOIs
Publication statusPublished - 2008

Keywords / Materials (for Non-textual outputs)

  • Sale of goods/Scots law/repairs/rejection/s 35(6)(a) of Sale of Goods Act 1979/implied term

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