HL Deb 31 January 1979 vol 398 cc321-2WA

asked Her Majesty's Government:

Whether they have any plans for reviewing the Sale of Goods Act 1893.

The LORD CHANCELLOR (Lord Elwyn-Jones)

The Government recognise the need for a thorough-going examination of the rights of buyers where the goods are defective. Accordingly, I have asked the Law Commission to consider—

  1. (a) whether the undertakings as to the quality and fitness of goods implied 322 under the law relating to sale of goods, hire-purchase and other contracts for the supply of goods require amendment;
  2. (b) the circumstances in which a person, to whom goods are supplied under a contract of sale, hire-purchase or other contract for the supply of goods, is entitled, where there has been a breach of the supplier of a term implied by statute, to—
    1. (i) reject the goods and treat the contract as repudiated;
    2. (ii) claim against the supplier a diminution in or extinction of the price;
    3. (iii) claim damages against the supplier;
  3. (c) the circumstances in which, by reason of the Sale of Goods Act 1893, a buyer loses the right to reject the goods; and to make recommendations.

This reference will provide an opportunity for consideration in the light of modern conditions of the remedies available in law to both private consumers and to other buyers for major and minor defects in goods.

The Scottish Law Commission already has these matters within the scope of its programme of work and I hope that the two Law Commissions will co-operate as the need arises.

House adjourned at six minutes past eleven o'clock.