Ambiguous sale terms?

Segilla | 04:58 Sat 18th Aug 2012 | Civil

5 Answers

On the front of a sale document, buyer's and seller's names, article purchased etc etc are boxes, 1, 2 or 3 year signifying how many years the guarantee runs for. Box 3 is ticked.

*Printed* on the reverse and not qualified in any way it reads that the battery (c.£140) is guaranteed for 1 year only.

As an academic point at this stage, did I read somewhere that in the event of ambiguity the advantage lies with the buyer?

Sky signal and trees

Enduring power of attorney

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rojash

Can't see that there is any ambiguity here. The device is guaranteed for 3 years, the battery (a consumable) is guaranteed for 1. Some cars come with a three, five or seven year warranty, but I don't think anyone would be confused to discover that that doesn't apply to the tyres, battery, oil filters, etc.

tonywiltshire

An excellent answer by rojash.
Goods must correspond with their description is now contained within the sale of goods act 1979 as amended, but as early as 1921 the Court of appeal found that the buyer of 3,000 tins of fruit could reject the consignment as they were not packed in the way that had originally been described (Moore & Landaver

FredPuli43

You are thinking of the 'contra proferentem' rule. Ambiguity in a term of a contract will be resolved against the person who imposes it . Since shops etc draw up the terms of the contract,and seek to get any benefit from those terms, any ambiguity will be construed against them.