Section 3 Contracting “as a consumer”.

England, Wales and Northern Ireland

(1)

For the purposes of section 1 above a person enters into a contract “as a consumer” if—

(a)

he neither makes the contract in the course of a business nor holds himself out as doing so; and

(b)

the other party makes the contract in the course of a business; and

(c)

in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of the Act of 1977, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption;

but on a sale by auction or by competitive tender the buyer is not in any circumstances to be regarded as entering into the contract as a consumer.

(2) In subsection (1) above—

“business” includes a profession and the activities of any government department, Northern Ireland department or local or public authority; and
“goods” has the same meaning as in the Sale of Goods Act 1979.

(3)

It is for those claiming that a person entered into a contract otherwise than as a consumer to show that he did so.

Notes on the whole Act

Textual amendments

F1: Act repealed (31.1.1997) by 1996 c. 23, s. 107(2), Sch. 4; S.I. 1996/3146, art.3