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Supply of Goods (Implied Terms) Act 1973
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Changes over time for: Section 11A
Version Superseded: 01/10/2015
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- 03/01/1995- Amendment
- 03/01/1995
Point in time - 01/10/2015- Amendment
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Point in time view as at 03/01/1995. This version of this provision has been superseded.
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[11AF1 Modification of remedies for breach of statutory condition in non-consumer cases.E+W+N.I.
(1)Where in the case of a hire purchase agreement—
(a)the person to whom goods are bailed would, apart from this subsection, have the right to reject them by reason of a breach on the part of the creditor of a term implied by section 9, 10 or 11(1)(a) or (c) above, but
(b)the breach is so slight that it would be unreasonable for him to reject them,
then, if the person to whom the goods are bailed does not deal as consumer, 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 agreement.
(3)It is for the creditor to show—
(a)that a breach fell within subsection (1)(b) above, and
(b)that the person to whom the goods were bailed did not deal as consumer.
(4)The references in this section to dealing as consumer are to be construed in accordance with Part I of the Unfair Contract Terms Act 1977.
(5)This section does not apply to Scotland.]
Textual Amendments
F1S. 11A inserted (E.W.N.I.) (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 4(6) (with s. 8(3))
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