A trader's guide to the civil law relating to the sale and supply of goods
(for Scotland)
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When a consumer purchases goods and/or services from a trader, both consumer and trader are entering into a legally binding contract. The contract consists of various express terms and implied terms. Failure to comply with the terms of the contract is referred to as a breach of contract, and this normally results in the wrongful party having to remedy the breach in some way.
The implied terms of a contract are generally that the goods will be of satisfactory quality, be fit for the purpose and match the description given. There are various remedies open to a consumer where there has been a breach of contract, depending on whether the consumer has ‘accepted’ the goods.
Normally, a consumer has no automatic right to change his/her mind and to cancel a contract, so, if this happens, he/she is in breach of contract. There is, however, an automatic right to cancel in some special cases, including most consumer contracts made at a distance (eg. mail order or internet) and some contracts made at a consumer's home. There is other legislation affecting consumer’s rights in relation to misrepresentation, unfair contract terms, injury, business names and uncollected goods.
