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ADDITIONAL RIGHTS OF THE BUYER INTRODUCED BY EUORPEAN DIRECTIVES SGA s.48A-F (incorporating into the SGA the Sale of Consumer Goods and Associated Guarantees Directive 99/44/EC) There is a requirements that the goods must be…’’…in conformity with the contract of sale’’. 1. Differences 13-15 SGA and s.48 A-F For s.48 A-F B must deal as a consumer. Must be a ‘natural person who…is acting for purposes which are not related to his trade, business or profession’. cf s.13- 15 SGA – B can be acting in any capacity cf s.12 UCTA – concept of dealing as a consumer in UCTA is broader since R & 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 SGA Significance of the sale having to be ‘in the course of his business’ Cf. Stevenson v Rogers 2. The requirement that goods must “be in conformity with the contract” is similar to the requirements of ss. 13-15 SGA. 3. Consumer Remedies Consumer 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 case this is impossible, or this would be disproportionately expensive for the S. Repair or replacement must be completed within a reasonable time and without significant inconvenience to the consumer. (c) or: rescind the contract – unless lack of conformity is ‘minor’. (d) or: obtain a price reduction If B requires repair or replacement, the right to rescind is suspended until S has had a reasonable opportunity to repair or replace.
When may the consumer demand rescission or price reduction? ONLY if: Consumer is not entitled to repair or replacement OR S has not completed repair or replacement within a reasonable time OR S has not completed repair or replacement without significant inconvenience to consumer. 4. Comparison SGA / Regulations
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