Supply of Goods Act 1982 · 2020 Revised Edition · Part 1
10A. Modification of remedies for breach of statutory condition in non-consumer contracts for hire of goods
Feedback & supportWhere in the case of a contract for the hire of goods —
contract for the hire of goods
“contract for the hire of goods” means a contract under which one person bails or agrees to bail goods to another by way of hire, other than a hire-purchase agreement.(2) For the purposes of this Act, a contract is a contract for the hire of goods whether or not services are also provided or to be provided under the contract, and whatever is the nature of the consideration for the bailment or agreement to bail by way of hire. In this Act,
the bailee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the bailor of a condition implied by section 8, 9 or 10(2)(a) or (c); but(b)the breach is so slight that it would be unreasonable for the bailee to do so,then, if the bailee does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
This section applies unless a contrary intention appears in, or is to be implied from, the contract.
It is for the bailor to show that a breach fell within subsection (1)(b).
bailor
“bailor”, in relation to a contract for the hire of goods, means (depending on the context) a person who bails the goods under the contract, or a person who agrees to do so, or a person to whom the duties under the contract of either of those persons have passed;