Section 15A Modification of remedies for breach of condition in non-consumer cases.F1

England, Wales and Northern Ireland

(1)

Where in the case of a contract of sale—

(a)

the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part of the seller of a term implied by section 13, 14 or 15 above, but

(b)

the breach is so slight that it would be unreasonable for him to reject them,

F2... the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.

(2)

This section applies unless a contrary intention appears in, or is to be implied from, the contract.

(3)

It is for the seller to show that a breach fell within subsection (1)(b) above.

(4)

This section does not apply to Scotland.

Annotations

Textual amendments

F1: S. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).
F2: Words in s. 15A(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 15; S.I. 2015/1630, art. 3(g) (with art. 6(1))

Notes on Miscellaneous

Textual amendments

F1: Cross-heading preceding s. 15A inserted (3.1.1995) by 1994 c. 35, ss. 4(1), 8(2) (with s. 8(3)).