BUYER HAD NOT LOST RIGHT TO REJECT GOODS

Clegg v Olle Andersson T/A Nordic Marine [2003] EWCA Civ 320

In Clegg v Olle Andersson T/A Nordic Marine [2003] EWCA Civ 320 the Court of Appeal concluded that the decision of Mr Justice Rougier in Bernstein v Pamson Motors (Golders Green) Ltd [1987] 2 All ER 220 no longer represents the law in the light of the changes subsequently made to s35 of the Sale of Goods Act 1979. Bernstein was always a difficult decision because it appeared to give buyers an extremely short period of time in which to decide whether or not to reject goods. While the present case does nothing to encourage dilatoriness on the part of buyers, it does give them a longer period of time than Bernstein appeared to suggest. In particular, where the seller supplies goods which are defective and then takes time to provide the buyer with the options open to the buyer in terms of repair or replacement of the defective part, time may not begin to run against the buyer until the seller provides the buyer with the information relating to these options.