The right to reject

Clegg and another v Andersson ([2003] EWCA Civ 320)

The effect of s35 of the Sale and Supply of Goods Act 1994 is that s35(5) of the Sale of Goods Act 1979 provides that whether or not a buyer has had a reasonable time to inspect the goods before accepting or rejecting them is only one of the questions to be answered in ascertaining whether there has been acceptance. If a buyer is seeking information which the seller agreed to supply to enable the buyer to make a properly informed choice between acceptance or rejection, or cure and if so, in what way, time will not be regarded as having begun to run. Applying this principle to the circumstances of this case, the buyers of a new boat were not too late to reject it some six months after its delivery.