Re: Sales of Goods Act
Posted: Mon May 26, 2014 5:37 pm
There is no fixed time limit as regards proof of damage/fault it is based on a test of what is reasonable, ie what would the reasonable man would consider a timeframe for a fault to become apparent and the question of proof is one of the balance of the probabilities (as with any civil case). There is only one area of strict liability (where the supplier has to prove they are not at fault) and that's the Consumer Protection act, where a product has caused harm. So if the gun had malfunctioned causing harm to another you could sue under the CPA and the supplier would have to prove the gun was not at fault.
From what you describe I'd say the situation is very likely that the issue was at the proofing stage (ie nothing to do with you) however with 6 weeks past since supplying it to you his view (I imagine) is that it's been fired somehow incorrectly which has damaged the barrel.
Not saying who is right or wrong, simply describing the legal position.
From what you describe I'd say the situation is very likely that the issue was at the proofing stage (ie nothing to do with you) however with 6 weeks past since supplying it to you his view (I imagine) is that it's been fired somehow incorrectly which has damaged the barrel.
Not saying who is right or wrong, simply describing the legal position.