Statutory Rights

crw1994

New Member
Nov 20, 2008
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I noticed in the summary that Glasgow Girl posted regarding Statutory Rights that there is the section "It is what you expected" is incorrect.

It is what you expected?

... if you are buying something on the basis of a description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. If you have had a chance to examine the item for yourself prior to buying it, you cannot reject the goods but may be able to claim damages.

I believe this to be the case...

If the contract was a sale by description. Section 13 (1) and (1A) of the Sale of Goods Act 1979 states the following:

(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

(1A) As regards England and Wales and Northern Ireland, the
term implied by subsection (1) above is a condition.

Even in a private sale, it is a sale by description when the buyer relies on, that is, purchases on the basis of, a description of the goods by the seller or, alternatively, he or she buys in reliance upon the seller’s affirmation that the goods conform with the description given to the buyer.

For the buyer to see and even inspect the goods which subsequently become the subject matter of a contract of sale does not prevent the sale from being one by description so long as the buyer relies on the description.

Where goods are described by the contract and the buyer contracts in reliance on that description, there is a sale by description, even where the buyer has seen and selected the goods, if the deviation of the goods from the description is not apparent.

Chris
 

Catriona

What Consumer Founder
Jun 23, 2008
896
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Hi Chris, yes, thanks for drawing my attention to this. What I was getting at was S.34 & 354 (Acceptance) and the right to rescind the contract. However, you are right, if it is sale by description, then selection and examination by the buyer do not change it from a condition to a warranty. I think the important point is to ascertain whether it is a sale by description and I need to make this clear. S 13 itself is quite brief and it's only through case law that this has really been established. The problem is making it understandable, there are so many ifs and buts!