Section 5A Modification of remedies for breach of statutory condition in non-consumer cases.F1

England, Wales and Northern Ireland

(1)

Where in the case of a F2relevant contract for the transfer of goods—

(a)

the transferee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the transferor of a term implied by section 3, 4 or 5(2)(a) or (c) above, but

(b)

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

F3... 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 transferor to show that a breach fell within subsection (1)(b) above.

Annotations

Textual amendments

F1: S. 5A inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 6(5) (with s. 8(3))
F2: Words in Act substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 38(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))
F3: Words in s. 5A(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 41; S.I. 2015/1630, art. 3(g) (with art. 6(1))