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Fairgrieve Duncan and Richard Goldberg

Print publication date: 2020

Print ISBN-13: 9780199679232

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780199679232.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 December 2021

Remedies For Breach Of The Implied Terms

Remedies For Breach Of The Implied Terms

(p.137) 5 Remedies For Breach Of The Implied Terms
Product Liability

Duncan Fairgrieve

Richard Goldberg

Oxford University Press

An important characteristic of the terms as to correspondence with description, satisfactory quality, and fitness for purpose implied by ss 13 and 14 of the Sale of Goods Act 1979 is that being designated conditions their breach will prima facie entitle the buyer to reject the goods. In addition, damages may be claimed as compensation for any physical injury or property damage suffered by the buyer, provided that this is within the reasonable contemplation of the parties as being not unlikely to result from the breach. Until relatively recently it was not necessary to distinguish too closely in this context according to whether the buyer was dealing as a business or as a consumer. The same general rules applied in both cases. The introduction of the Sale and Supply of Goods to Consumers Regulations 2002 changed the position markedly in this respect by enacting additional rights for buyers who deal as consumers.

Keywords:   acceptance, affirmation, damages, definition, meaning, misrepresentation, remedies, repair or replacement, repudiation, rescission, reselling goods, slight breaches

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