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Court of Appeal of Zambia - 1971 October

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1 judgment

October 1971

Jaffco Ltd v Northern Motors Limited (Civil Appeal No. 5 of 1971) [1971] ZMCA 4 (19 October 1971)

Conditional acceptance creates a new agreement; extensive use of goods by the buyer extinguishes any right of rescission, limiting remedies to damages.

Sale of goods — Conditional acceptance and waiver — Distinction between right to reject and right to rescind — Conditional acceptance creates additional agreement limiting remedies — Buyer’s use of goods may extinguish right of rescission — Proof required for damages for loss of use or costs of care.

19 October 1971