header-logo header-logo

Horses for courses

17 May 2007
Issue: 7273 / Categories: Features , Commercial
printer mail-detail

The right to reject: did the Law Lords miss a trick? ask Stephen Sly and Paul Clarke

It is a strange fact that modern commerce in Britain owes more to the farmyard than is commonly supposed. Commercial dealings between businesses are still regulated largely by principles drawn up in the 19th century, when disputes tended to centre on the quality and suitability of horses, cattle or produce.

The Sale of Goods Act 1979 (SGA 1979), successor to the Sale of Goods Act 1893, remains the main source of rules on commercial transactions. Since the rules it embodies have existed for so long, interpretation is generally straightforward. But still, novel issues crop up and occasionally the courts have to give guidance.

One issue which has never been resolved to everybody's satisfaction is that of rejection of goods. Now the House of Lords has tried—and arguably failed—to clarify the rules.

THE RIGHT TO REJECT

SGA 1979 implies certain conditions into contracts of sale, breach of which gives the buyer a right to reject the goods supplied and terminate the contract.

Under ss 34 and 35, the buyer

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll