Economics 3366A/B Study Guide - Quiz Guide: Unfair Contract Terms Act 1977, Sheriff Appeal Court, Agco
22 Sep 2020
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For consumer sales s 31 cra provides that a term of a contract is not binding on the consumer to the extent that it would exclude or restrict the trader"s liability under s 9-17 and 28-29 cra. The protection is increased here as it is harder for a trader to restrict the consumer"s liability: the buyer"s remedies commercial sales contracts. Wilson v agco finance ltd 2018 gwd 14-192, purchaser enters into a higher purchase agreement with the defender for the hire and then the purchase for the tractor. This is not a contract of sale as such but a hp. Because of problems with the tractor w purport to reject it by emailing agco (not the seller). Sheriff appeal court held it not to be a valid rejection as it was not towards the seller who has breached the obligation.
