3-C - These remedies have recently been rarEiralljr elected...

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Unformatted text preview: These remedies have recently been rarEiralljr elected in the comer‘s favour hyflrefieie enriSrtppEgomedeie Ceeemers Regnlefienslflflflwhiehgive effect to Dirwtive lflgfl'fié. Since the new lever is EC-baeed, the eonstimea' wiEl have sinafler remedies elsewhere in the European Community for goods bought [leereJIn the remainderoffiaje eeefion arflereme to a regulatioal is a reference to the 2302 Regulatieee. Itis progressed to coasider first the remedies, conferred by the Regulations anti their the ether pcesifle remerfies available renter the general law. A. AN OVERVIEW The remedies conferred by the regulations exist alongside those available. under the general law. The position can be summarised as follows: (I) Under the Regulations the remedies are: {a} repair or replacement of the goods; {in} reduction of the price; (0) rescission (2) Under the general law the remedies are: (a) (occasionally) specific performance; (in) rejection for breach of a major teen; to) damages ' These remedies will only be available if certain conditions are satisfied and we shall see that the regulations give the court wide discretionary powers if the case comes to court. ...
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