Lloyd's Maritime and Commercial Law Quarterly
REPAIR AND LOSS OF THE RIGHT TO REJECT—A REMEDIAL DILEMMA IN SALE OF GOODS LAW
Ritchie v. Lloyd
If a buyer agrees to have defective goods repaired, does this close the door to rejection further down the line? Section 35(6) of the Sale of Goods Act 1979 (SGA), at first sight, appears to suggest that it does not. The provision states that the buyer is not deemed to have accepted the goods merely because “he asks for, or agrees to, their repair by or under an arrangement with the seller”. However, a recent Scottish case casts a different light on the question and in doing so poses an interesting dilemma as to locating the boundaries of the buyer’s right to reject.
In J&H Ritchie Ltd
v. Lloyd Ltd
,1
the buyers, who carried on a farming business, purchased a seed drill and a power harrow for use during the seeding season. Upon first
LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY
164