Boys & broken toys

You would think that the law on rejecting defective goods had been sorted out by now. The courts are often aked to decide on cases concerning cars, yachts, luxury kitchens and central heating boilers and what is a reasonable time in which to decide to reject them. .AIl are expensive and all a huge hassle when they go wrong. Each case is decided on its own facts but our sale of goods legislation is now interpreted slightly differently than say twenty years ago. If you buy an expensive car and it's not quite right, how long can you wait before you send it back and get a full refund?

The trouble is that it is easy to let your heart rule your head. Orce you are treated as having accepted the ear you cannot reject it. That sounds simple but the natural instinct is to hope that a quick tweak here and there will sort out the defect. The rule is that just driving it around, returning it, for repair, or even ascertaining what may cure the defect will not usually amount to acceptance. The more you get involved in a debate with the garage about the defect the more likely you will be treated as having taken on the mantle of owner and will have lost the right to reject. The better way is to be a bit more ruthless and reject early If the goods are not up to scratch and if in doubt a quick call to a solicitor may save money in the long run. For further information, please contact:

Tony Morton-Hooper
Tel +44 (0)20 7440 7030
tonymh@mishcon.com