LOSS OF THE RIGHT TO REJECT

Jones v Gallagher (trading as Gallery Kitchens and Bathrooms) [2004] EWCA Civ 10, 13 January 2004

In Jones v Gallagher (trading as Gallery Kitchens and Bathrooms) [2004] EWCA Civ 10, 13 January 2004, Lord Justice Buxton added a slight gloss to the judgment of Lady Justice Hale in Clegg v Andersson T/A Nordic Marine [2003] EWCA Civ 320; [2003] 2 Lloyd’s Rep 32 (on which see our April 2003 issue, pp.8–11). He stated that there is no absolute rule that a buyer cannot have lost the right to reject while a period of repair was in progress or while a period of complaint by the buyer and request for information was in progress. Whether or not the buyer has lost the right to reject is a matter of fact to be considered in the light of all the circumstances of the case. Thus a period of delay while the parties discuss the possible repair of the goods is simply a factor to be taken into account when considering whether or not the buyer has lost the right to reject. It is not a conclusive factor which prevents a court from concluding that the right to reject has been lost.