ABSTRACT
According to commentators such as Treitel, s 15 A of the SGA merely adds to the complexity of the existing system of classification.120 First, this section only applies to breaches of contract by the seller, leaving breaches of contract by the buyer unaffected. Secondly, s 15A is limited to conditions implied by ss 13, 14 and 15 of the SGA. The buyer’s right to avoid the contract for a breach of any other condition, whether express, implied at common law, or implied elsewhere under the Act, is likewise unchanged. Thirdly, the difficulties in the SGA which led to the development of the intermediate term are not resolved by s 15A of the SGA. It does not prevent the buyer from avoiding in circumstances where the seller’s breach is too serious to be considered ‘slight’, and yet not serious enough to deprive the buyer of ‘substantially the whole benefit the parties intended by the contract that he should obtain’.121 Section 15A of the SGA thereby allows a disproportionate loss by the seller under the same contract.
