chapter  29
47 Pages

REMEDIES OF THE TRANSFEREE—‘DEBTOR OR HIRER’

The SSG Regulations have significantly improved the position of consumers as follows: (a) in relation to both breaches of statutory implied terms and manufacturers’ guarantees (see para 14.01 and 17.09A); and (b) as regards the remedies available where the goods are not in conformity with the contract (see especially, para 29.01A). Further, it should be borne in mind that, in a consumer supply, any term which gives the supplier the right to decide whether the goods supplied conform with the contract may be void as being an unfair term (Grey Term (m): see para 11.18). Leaving aside termination of supply contracts (see para 26.04), actions for breach of a collateral contract (see para 17.09) or a court declaration either under statute4 or common law,5 loss caused by pricing and anti-competitive practices

1 Where the contract is not reduced to writing, this is a warning to bear in mind the possible need to prove purchase, as by keeping a receipt, or by paying by payment card or cheque.