In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract
(ii) The buyer may lose the right to reject the goods.
ANSWER
i) A buyer may reject the goods and repudiate the contract
The buyer can reject the goods for breach of a condition to be performed by the seller for example.
• If the seller delivers more goods than the quantity contracted for.
• If the seller delivers less goods than the quantity contracted for.
• If the seller delivers by instalments contrary to the terms of the contract.
• If the seller delivers goods mixed with those of a different description.
ii) The buyer may lose the right to reject the goods
In such circumstances, the buyer incurs no liability and any price paid is irrecoverable. The buyer may lose the right to reject the goods:
• If he has accepted the goods and given something in earnest to bind the contract.
• If the duration if any prescribed by the contract has lapsed
• If no duration is prescribed by the contract but reasonable time has lapsed.