untitled

96 Chapter 3The terms of the contract

of the secondary remedies, rescission of the contract or a reduction of the price. Rescission

of the contract would seem to be the more appropriate remedy. Mary would then be entitled

to get the purchase price back, but perhaps not the whole of the price if the court deducted

an amount to take account of any use of the radio which Mary had had.

The Supply of Goods and Services Act 1982 was amended at the same time as the SGA 1979.

Amendments which are virtually identical to those made to the SGA 1979 were made to the

SGSA 1982, in so far as it relates to contracts for the transfer of goods. Goods do not con-

form to the contract if an express term is breached or if any of the statutory implied terms

as to description, satisfactory quality, fitness for purpose or correspondence with sample

are breached. In addition, if installation forms part of the contract the goods do not conform

to the contract if they are not installed properly. The consumer is given the same hierarch-

ical rights as those given by ss. 48A – 48F of the SGA.

Consumer guarantees

The Sale and Supply of Goods to Consumers Regulations 2002 have brought in new rules

which apply to consumer guarantees. There is no need for a guarantee to be given when

goods are sold. However, Regulation 15(1) provides that where goods are sold or otherwise

Figure 3.9 The additional rights of consumers conferred by SGA ss. 48A – 48F