Commercial Law: Sale of Goods - University of Wolverhampton

ADDITIONAL RIGHTS OF THE BUYER INTRODUCED BY EUORPEAN DIRECTIVESSGA s.48A-F (incorporating into the SGA the Sale of Consumer Goods and AssociatedGuarantees Directive 99/44/EC)There is a requirements that the goods must be…’’…in conformity with the contract ofsale’’.1. Differences 13-15 SGA and s.48 A-FFor s.48 A-FB must deal as a consumer.Must be a ‘natural person who…is acting for purposes which are not related to histrade, business or profession’.cf s.13- 15 SGA – B can be acting in any capacitycf s.12 UCTA – concept of dealing as a consumer in UCTA is broadersinceR & B Customs Broker v U.D.T. (1988)S is defined as‘any natural or legal person who…sells consumer goods in the course of his trade,business or profession.’i.e. private sale are outside the scope s.48 A-F.cf. s.13 SGASignificance of the sale having to be ‘in the course of his business’Cf. Stevenson v Rogers2. The requirement that goods must “be in conformity with the contract”is similar to the requirements of ss. 13-15 SGA.3. Consumer RemediesConsumer may:-(a) either: require the S to repair the goods free of charge.(b)or: require the S to replace the goods free of charge.UNLESS, in either casethis is impossible, orthis would be disproportionately expensive for the S.Repair or replacement must be completed within a reasonable time and without significant inconvenienceto the consumer.(c) or: rescind the contract – unless lack of conformity is ‘minor’.(d) or: obtain a price reductionIf B requires repair or replacement, the right to rescind is suspended until S has had a reasonableopportunity to repair or replace.