Textual Amendments
F1Cross-heading preceding s. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).
(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,
F3... 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.]
Textual Amendments
F2S. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).
F3Words in s. 15A(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 15; S.I. 2015/1630, art. 3(g) (with art. 6(1))
(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.
[F5(1A)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).]
F6(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This section applies to Scotland only.]
Textual Amendments
F4S. 15B inserted (3.1.1995) by 1994 c. 35, ss. 5(1), 8(2) (with s. 8(3)).
F5S. 15B(1A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 16(2); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F6S. 15B(2) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 16(3); S.I. 2015/1630, art. 3(g) (with art. 6(1))