Jones & Anor v Gallagher & Anor (t/a Gallery Kitchens And Bathrooms)

Jones & Anor v Gallagher & Anor (t/a Gallery Kitchens And Bathrooms)

The appellants lost their right to reject the kitchen because a reasonable time had elapsed after delivery before they intimated rejection, and the defects were patent and did not require expert identification. The judge was entitled to find, as a matter of fact, that the right to reject was lost under section 35(4) of the Sale of Goods Act 1979.

Parties
Appellant: David Alan Jones; Appellant: Joyce Jones; Respondent: Michael Joseph Gallagher; 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 County Court Judgment
Outcome
appeal dismissed
Legal Topics
Acceptance of Goods, Right to Reject, Sale by Description, Damages for Breach of Contract
Contract Law Consumer Law Acceptance of Goods Right to Reject Sale by Description Damages for Breach of Contract

Case Brief

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Parties

David Alan Jones

Appellant

Joyce Jones

Appellant

Michael Joseph Gallagher

Respondent

Mrs E Gallagher (trading as Gallery Kitchens and Bathrooms)

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

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 finding that a reasonable time had elapsed before rejection was intimated
  3. 3 Whether the defects required expert identification or were patent

Ratio Decidendi

The appellants lost their right to reject the kitchen because a reasonable time had elapsed after delivery before they intimated rejection, and the defects were patent and did not require expert identification. The judge was entitled to find, as a matter of fact, that the right to reject was lost under section 35(4) of the Sale of Goods Act 1979.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £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.