What is a latent defect? What are the remedies for consumers who receive goods with latent defects?
Goods must be of a satisfactory quality, correspond with their description and be fit for their purpose. Where they are not so, they can be described as ‘faulty goods.’ Where goods are faulty by way of a defect at the time of sale, this is known as a ‘latent defect’.
There are a number of legal remedies available to consumers who buy faulty goods. The law is complicated by the fact that there are two legal regimes engaged; the traditional UK remedies have been overlain by the EU Consumer Sales Directive 1999 (CSD). Consumers appear to be able to choose remedies from either regime.
The traditional UK remedies:
CSD remedies (as per the amended Part 5A of the Sale of Goods Act):
The Law Commission, ‘Consumer Remedies for Faulty Goods’, Consultation Paper No 188
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