Part I Supply of Goods
Contracts for the transfer of property in goods
F15A Modification of remedies for breach of statutory condition in non-consumer cases.
(1)
Where in the case of a F2relevant contract for the transfer of goods—
(a)
the transferee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the transferor of a term implied by section 3, 4 or 5(2)(a) or (c) above, but
(b)
the breach is so slight that it would be unreasonable for him to do so,
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 transferor to show that a breach fell within subsection (1)(b) above.