Bernstein v Pamson Motors (Golders Green) Ltd, [1987] 2 All ER 220

Citation:Bernstein v Pamson Motors (Golders Green) Ltd, [1987] 2 All ER 220

Rule of thumb:If a product breaks long before the time you would expect it to, can the purchaser return it to the seller? Yes – if it is breaking at a very premature stage then this can be returned, with the seller either having to fix it, replace it, or give the purchaser the money back.

Judgment:

The basic facts of this case were that a car broke down after 3 weeks using it. The Court held that this was a sufficient period to return the car – however, they held that this defect was not sufficient to have the car returned as it was only a minor defect – this was then fixed, damages paid and the car returned to the purchaser, ‘In my judgment, the nature of the particular defect, discovered ex post facto, and the speed with which it might have been discovered, are irrelevant to the concept of reasonable time in s 35 as drafted. That section seems to me to be directed solely to what is a reasonable practical interval in commercial terms between a buyer receiving the goods and his ability to send them back, taking into consideration from his point of view the nature of the goods and their function, and from the point of view of the seller the commercial desirability of being able to close his ledger reasonably soon after the transaction is complete. The complexity of the intended function of the goods is clearly of prime consideration here. What is a reasonable time in relation to a bicycle would hardly suffice for a nuclear submarine.’ Rougier J

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.