10. SSaallee aanndd SSuuppppllyy ooff GGooooddss RReeggss 22000022
AAmmeennddmmeennttss ttoo SSGGSSAA 11997799
S. 48(A),(B),(C) (D) SGA 1979
If goods do not conform consumer may request
that:
the goods are repaired or replaced within a
reasonable period of time,
without causing significant inconvenience to
the consumer,
with the seller bearing any necessary cost of
repairing or replacing the goods. 1100
Certain terms in common use in commercial contracts have acquired by custom and precedent classification as conditions. Requirement of commercial certainty – Business people need to know what the effect of breach witll be. Generally desirable that an interpretation by the courts be maintained for consistency’s sake therefore.
Megaw LJ in the Court of Appeal and Lord Ackner HLp.238 Poole – time clauses in mercantile contracts should ‘usually’ be treated as conditions.