Shine v General Guarantee Corp [1988] 1 All ER 911

The claimant purchased a second hand sports car from a car dealer. The car gave him constant problems and he then discovered that the car had previously been in an accident and had been totally submerged in water. The claimant brought an action under s.14(2).

Held:

Where the contract is a consumer sale the courts apply the acceptability test. This asks would a reasonable purchaser have accepted the goods at the stated price knowing of the fault. Clearly in this case a reasonable purchaser would not have accepted the goods and therefore the seller was in breach.

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