Commentary

110 Minor breaches of implied terms

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

110 Minor breaches of implied terms

| Commentary

110 Minor breaches of implied terms

Where:

  1. 110.1

        a buyer has a right to reject goods by reason of a supplier’s breach of Section 13, 14 or 15, but

  2. 110.2

        the breach is so slight that it would be unreasonable for him to reject them,

the breach is only a breach of warranty and not a breach of condition (ie the buyer can sue for damages)1.

The onus is on the seller to show that the breach is slight enough2.

This section applies unless a contrary intention appears in, or is to be implied from, the

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial