Sale of Goods Act 1979

[F115B Remedies for breach of contract as respects Scotland.S

(1)Where in a contract of sale the seller is in breach of any term of the contract (express or implied), the buyer shall be entitled—

(a)to claim damages, and

(b)if the breach is material, to reject any goods delivered under the contract and treat it as repudiated.

(2)Where a contract of sale is a consumer contract, then, for the purposes of subsection (1)(b) above, breach by the seller of any term (express or implied)—

(a)as to the quality of the goods or their fitness for a purpose,

(b)if the goods are, or are to be, sold by description, that the goods will correspond with the description,

(c)if the goods are, or are to be, sold by reference to a sample, that the bulk will correspond with the sample in quality,

shall be deemed to be a material breach.

(3)This section applies to Scotland only.]

Textual Amendments

F1S. 15B inserted (3.1.1995) by 1994 c. 35, ss. 5(1), 8(2) (with s. 8(3)).