Fiat Auto Financial Services v. Connelly Senior [2006] ScotSC 104 (19 December 2006)

Fiat Auto Financial Services v. Connelly Senior [2006] ScotSC 104 (19 December 2006)

The defender was entitled to reject the vehicle and rescind the contract of sale due to breaches of implied terms as to quality and fitness for purpose. The right to reject was not lost by continued use, high mileage, or lapse of time, as the defender was actively seeking repairs and information, and the seller's actions postponed deemed acceptance. Consequently, under section 75 of the Consumer Credit Act 1974, the defender was also entitled to rescind the credit agreement.

Citation
[2006] ScotSC 104
Parties
Pursuer: Fiat Auto Financial Services; Defender: Mr Laurence Connelly Snr
Jurisdiction
Scotland
Judgment Date
19 December 2006
Procedural Posture
Civil / Judgment After Proof
Outcome
Defender assoilzied (absolved) from the crave of the Initial Writ; pursuers' claim dismissed.
Legal Topics
Implied Terms, Fitness for Purpose, Satisfactory Quality, Right of Rejection, Rescission, Consumer Credit, Sale of Goods
Contract Law Consumer Law Implied Terms Fitness for Purpose Satisfactory Quality Right of Rejection Rescission Consumer Credit +1 more

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Parties

Fiat Auto Financial Services

Pursuer

Mr Laurence Connelly Snr

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the vehicle supplied was of satisfactory quality and fit for purpose under the Sale of Goods Act 1979
  2. 2 Whether the defender was entitled to reject the vehicle and rescind the contract of sale
  3. 3 Whether the right to reject was lost by lapse of time or acts inconsistent with rejection

Ratio Decidendi

The defender was entitled to reject the vehicle and rescind the contract of sale due to breaches of implied terms as to quality and fitness for purpose. The right to reject was not lost by continued use, high mileage, or lapse of time, as the defender was actively seeking repairs and information, and the seller's actions postponed deemed acceptance. Consequently, under section 75 of the Consumer Credit Act 1974, the defender was also entitled to rescind the credit agreement.

Court Disposition

Defender assoilzied (absolved) from the crave of the Initial Writ; pursuers' claim dismissed.

Orders

  • Sustains the defender's first and second pleas-in-law
  • Repels the pursuers' first, second and fourth pleas-in-law