Valid from 03/01/1995
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,
then, if the buyer does not deal as consumer, 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.]
(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.
(2)Where a contract of sale is a consumer contract, then, for the purposes of subsection (1)(b) above, breach by the seller of any term (express or implied)—
(a)as to the quality of the goods or their fitness for a purpose,
(b)if the goods are, or are to be, sold by description, that the goods will correspond with the description,
(c)if the goods are, or are to be, sold by reference to a sample, that the bulk will correspond with the sample in quality,
shall be deemed to be a material breach.
(3)This section applies to Scotland only.]