Claims Arising From a Sale of Defective Goods

Consumers have wide ranging protection under the Sale of Goods Act 1979 in relation to the purchase of consumer goods.

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David Hitchcock
Partner and Head of Dispute Resolution

Consumers have wide ranging protection under The Sale of Goods Act 1979 (SGA) in relation to the purchase of consumer goods.

The SGA implies certain terms into a contract for the sale of goods. So, for example, goods must:

  • Come with good title, i.e. the seller must have the right to sell the goods;
  • Correspond with their description; and
  • Be of satisfactory quality i.e. be fit for purpose.

The goods should meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances.

In a contract for the sale of goods, a consumer has certain remedies when goods do not conform with the contract of sale. Consumers can reject goods and require their money back as long as they complain within a reasonable time.

Consumers can also claim damages, which will generally equate to the cost of repair or replacement of the goods, and they may also be able to claim compensation for damage caused by faulty goods, depending on the facts. Consumers may struggle to successfully claim for losses arising from distress, inconvenience or disappointment.

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