Defective goods

Writing in the New Law Journal of 19 February, District Judge Peter Glover said that amendments to the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 appeared to be little known to practitioners and litigants in the county court. Arising from the Sale and Supply of Goods to Consumers Regulations 2002, they added new provisions to benefit consumer purchases where there is found to be a breach of any express or implied term of the contract relating to description, sample or satisfactory quality and fitness for purpose. In such cases, they introduced the presumption that goods which do not confirm with the statutory requirements within six months of delivery were not, in fact, in conformity at the delivery date. The presumption does not apply where the seller can prove conformity at the contractual date or where it is incompatible with the nature of the goods themselves, for example, consumables. The new remedies available in respect of consumer contracts made on or after 31 March 2003, permit the buyer either to require the seller to repair or replace the goods, or to reduce the purchase price by an appropriate amount, or to rescind the contract. Although they co-exist with the other well-known statutory remedies, the author gave reasons why perhaps they do not do so altogether comfortably.