Rights of a Buyer

As a buyer/purchaser you have several rights under the Sale of Goods Act Chapter 82:30 of the Laws of the Republic of Trinidad and Tobago (“the Act”). An example of a basic right of a buyer/purchaser is the right to examine goods before purchase to ensure conformity with the contract of sale as per Section 35 (1) of the Act. Additionally, Section 16 grants buyers the right to receive goods of merchantable quality, meaning, goods that are fit for the purpose or purposes for which goods of that kind are commonly bought and, where applicable, as durable. However, this right does not arise as regards defects:

• Specifically drawn to the buyer’s attention before the contract is made; or
• Where the buyer examines the goods before the contract is made and that examination ought to have revealed the defects in question.

This article will mainly discuss some of the rights of buyers under the Act.

When a buyer purchases goods, there may be expressed (written) conditions and warranties or implied (unwritten) conditions and warranties regarding the goods. A condition is an important term that is necessary to the main purpose of the contract of sale. Breach of a condition gives rise to the right to treat the contract as terminated (repudiated) and the buyer can commence a legal action against the seller for damages for breach of contract.

A warranty is a contractual promise or assurance made by the seller regarding the quality or functionality of the goods which is not critical to the main purpose of the contract. Breach of a warranty gives rise to a claim for damages but the buyer does not have a right to reject the goods or terminate the agreement.

The Act gives the buyer the right to have the goods delivered to him in accordance with the terms of the contract of sale. However, once the goods conform with the contract of sale, he has a duty to accept and pay for them.

Delivery of incorrect quantity

According to the Act, the buyer has a right to reject goods where the seller delivers to the buyer a quantity of goods less than he contracted to sell. However, if the buyer accepts the goods delivered, he has an obligation to pay for them at the contractual rate.

In a scenario where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, Section 31 (2) gives the buyer the right to either accept the goods included in the contract and reject the rest or reject all the goods. However, it must be noted that if the buyer accepts all the goods delivered, he has an obligation to pay for them at the contractual rate.

Further, where the seller delivers to the buyer the goods he contracted to sell, mixed with goods of a different description not included in the contract, the buyer has a right to either accept the goods which are in accordance with the contract and reject the rest, or he may reject all the goods.

Delivery of wrong goods

A buyer under a contract for the sale of goods by description, has a right to be sold goods that correspond with the description, as this is an implied condition under the Act. Likewise, a buyer should also note that according to Section 17 (2) of the Act, in cases of contract for sale by sample, a buyer has a right to:

• Receive a bulk that corresponds with the sample in quality;
• a reasonable opportunity to compare the bulk with the sample; and
• Receive goods that are free from any defect rendering them not fit for sale.

Remedies Available Under the Act

The buyer, under the Act, has several remedies available to them should they suffer any wrong by the seller. For example, where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery under Section 51. Additionally, under Section 52, in cases of breach of contract to deliver specific or ascertained goods, the buyer may seek specific performance, requiring the seller to deliver the goods as per the contract. The seller is also denied the option of retaining such goods on payment of damages. This remedy is granted based on the Court’s discretion.

Where the seller breaches a warranty (including a warranty of quality), or when the buyer chooses or is required to treat a breach of condition as a breach of warranty, Section 53 states that the buyer cannot reject the goods for that reason alone, but may instead either:

• Use the breach of warranty to reduce or cancel the price owed; or;
• Sue the seller for damages for the breach of warranty.

The buyer/purchaser has many rights under the Act. As the buyer, you do not have to settle and accept goods with defects. Neither do you have to feel obligated to accept goods that are different to those advertised or that are different from the sample just because it is already delivered. You have rights, assert them.

 

Submitted by, Akil Durity.

Civil Legal Department

Legal Aid and Advisory Authority

23 Stanmore Avenue, Port of Spain.

Contact: 638-5222

Email: [email protected]

Website: www.laaa.org.tt