Jones & Anor v Gallagher & Anor (t/a Gallery Kitchens And Bathrooms) [2004] EWCA Civ 10 (13 January 2004)

Jones & Anor v Gallagher & Anor (t/a Gallery Kitchens And Bathrooms) [2004] EWCA Civ 10 (13 January 2004)

The appellants lost their right to reject the kitchen because a reasonable time had elapsed before they intimated rejection, and the defects were patent and apparent on delivery. The judge was entitled, on the evidence, to find that acceptance had occurred and damages were properly awarded.

Citation
[2004] EWCA Civ 10
Parties
Claimant/appellant: David Alan Jones; Claimant/appellant: Joyce Jones; Defendant/respondent: Michael Joseph Gallagher; Defendant/respondent: Mrs E Gallagher (trading as Gallery Kitchens and Bathrooms)
Jurisdiction
England and Wales
Judgment Date
13 January 2004
Procedural Posture
Civil Appeal / Appeal From Wrexham County Court Decision
Outcome
Appeal dismissed
Legal Topics
Sale of Goods, Acceptance of Goods, Right to Reject, Damages, Supply of Goods and Services Act 1982, Sale of Goods Act 1979
Contract Law Consumer Law Sale of Goods Acceptance of Goods Right to Reject Damages Supply of Goods and Services Act 1982 Sale of Goods Act 1979

Case Brief

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Parties

David Alan Jones

Claimant/appellant

Joyce Jones

Claimant/appellant

Michael Joseph Gallagher

Defendant/respondent

Mrs E Gallagher (trading as Gallery Kitchens and Bathrooms)

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Wrexham County Court Decision

Legal Issues

  1. 1 Whether the appellants lost their right to reject the kitchen under section 35 of the Sale of Goods Act 1979
  2. 2 Whether the judge erred in law in finding that a reasonable time had elapsed before rejection was intimated
  3. 3 Assessment of damages for breach of contract

Ratio Decidendi

The appellants lost their right to reject the kitchen because a reasonable time had elapsed before they intimated rejection, and the defects were patent and apparent on delivery. The judge was entitled, on the evidence, to find that acceptance had occurred and damages were properly awarded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £4,200.
  • Application to be filed within 7 days for appointment to apply to District Judge Hoffman for directions in respect of the costs below.