Part II Formation of the Contract
F3 Miscellaneous
F115A Modification of remedies for breach of condition in non-consumer cases.
1
Where in the case of a contract of sale—
a
the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, but
b
the breach is so slight that it would be unreasonable for him to reject them,
F4... the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
2
This section applies unless a contrary intention appears in, or is to be implied from, the contract.
3
It is for the seller to show that a breach fell within subsection (1)(b) above.
4
This section does not apply to Scotland.
F215B Remedies for breach of contract as respects Scotland.
1
Where in a contract of sale the seller is in breach of any term of the contract (express or implied), the buyer shall be entitled—
a
to claim damages, and
b
if the breach is material, to reject any goods delivered under the contract and treat it as repudiated.
F51A
Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in sections 19 to 22 of that Act).
F62
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3
This section applies to Scotland only.
Cross-heading preceding s. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).