Part II Formation of the Contract
F2 Miscellaneous
F115B Remedies for breach of contract as respects Scotland.
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.
Cross-heading preceding s. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).