Q&A Contract Law by Stone Richard

Author:Stone, Richard
Language: eng
Format: epub
ISBN: 9781317675709
Publisher: Taylor & Francis (CAM)

If Fiona is alleging breaches of the implied terms under s 14 of the Sale of Goods Act 1979, the relevant provision of the UCTA is s 6. This states that where a buyer buys goods in the course of a business, exclusion can be allowed, provided that the clause meets the ‘requirement of reasonableness’ set out in s 11 of the UCTA. Might Fiona argue that, since she is not in the business of buying and selling vans this purchase is a ‘consumer’ purchase, in which case she would be protected by s 9 of the CRA 2015 (which is the equivalent of s 14(2) of the Sale of Goods Act in relation to consumer contracts), and s 65 of that Act (which precludes any exclusion of liability in relation to s 9)? Prior to the Consumer Rights Act 2015 this type of argument might have been possible. Under the provisions of UCTA as they stood prior to that Act (in particular, s 12), the Court of Appeal held, in R & B Customs Brokers Ltd v UDT (1988), that a company which bought a car for the use of one of its directors was contracting ‘as a consumer’ (because the company was not in the business of buying and selling cars). This argument is no longer possible, however. Section 12 of UCTA has been repealed, and consumer contract for these purposes is now defined by s 2(3) of the CRA 2015. This states that:

‘“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.’

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