How could a buyer breach a term of the contract?
Consumers who act as the buyer in a contract for a sale of goods are protected by a number of statutory instruments. For example the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999. The statutory protection is in place to aid the more vulnerable parties to a contract. It is important to remember however that the statutory rules do not imply that a consumer has no responsibly or liability in a contract. The buyer also obviously needs to perform his side of the agreement in order for it to be properly executed. A failure to do this will mean that a buyer may be liable for damages or loss attributed to the seller. Compensation for a breach of a fundamental condition of the contract by the buyer could mean that he has to pay of damages or it could also mean that the seller could to cancel the contract and have the right to be reimbursed for any loss as a result.
What duties does a buyer have?
According to section 27 of the Sale of Goods Act 1979 one of the fundamental duties between a buyer and seller in a contract for the sale of goods is that the seller has a duty to deliver the goods and the buyer has a duty to accept the goods in accordance with the terms of the contract.
For more information on:
- Paying for the delivery
- Reservation clauses and how they can effect a buyer rights
- Exclusion clauses and how they can effect a buyers rights