Sale of Goods—Remedy of Rejection—How Quickly is the Right Lost?

Extract

While the precise time allowed for a buyer to reject faulty goods is by no means clear, it has been understood to be short. A buyer who thought in terms of weeks, rather than days, for effecting a return might easily find himself out of time. And while the Sale of Goods Act 1979 (as amended) now guarantees a reasonable opportunity for the inspection of the goods, there are some situations where buyers who have acted with complete circumspection might still find themselves unable to reject. It is therefore quite surprising (if, indeed, stronger expressions are not called for) to find rejection of goods permitted after more than a year had passed since delivery—and this in a case where the defect could readily have been discovered on the day of delivery: Truk (UK) Ltd. v. Tokmakidis GmbH [2000] 2 All E.R. (Comm) 594. While the case does not directly conflict with any prior precedent, it does indicate an important new departure, considerably more generous to buyers.