A buyer may lawfully reject goods on the grounds of breach of condition, even though he did not know of the breach of condition at the time of the rejection; and the rejection will not be wrongful merely because he mistakenly alleged the breach of some other condition.
Where the contract contains a detailed description of the goods, minor discrepancies between the delivered goods and their description may entitle the purchaser to reject the goods.
Lord Atkin said: ‘If a condition is not performed the buyer has a right to reject. I do not myself think that there is any different between business men and laywers on this matter. No doubt, in business, men often find it unnecessary or inexpedient to insist on their strict legal rights. In a normal market if they get something substantially like the specified goods they may take them with or without grumbling and a claim for an allowance. But in a falling market I find that buyers are often as eager to insist on their legal rights as courts of law are ready to maintain them.’
Lord Buckmaster, Lord Blanesburgh, Lord Warrington of Clyffe, Lord Atkin, Lord Macmillan
[1933] UKHL 1, [1933] AC 470
Bailii
England and Wales
Contract
Leading Case
Updated: 01 November 2021; Ref: scu.248486
