C1PART I AMENDMENT OF LAW FOR ENGLAND AND WALES AND NORTHERN IRELAND
Explanatory provisions
12“Dealing as a consumer”.
1
A party to a contract “deals as consumer” in relation to another party if—
a
he neither makes the contract in the course of a business nor holds himself out as doing so; and
b
the other party does make the contract in the course of a business; and
c
in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
F11A
But if the first party mentioned in subsection (1) is an individual paragraph (c) of that subsection must be ignored.
F22
But the buyer is not in any circumstances to be regarded as dealing as consumer—
a
if he is an individual and the goods are second hand goods sold at public auction at which individuals have the opportunity of attending the sale in person;
b
if he is not an individual and the goods are sold by auction or by competitive tender.
3
Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.
Pt. I applied (3.1.1995): by 1973 c. 13, s. 11A (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 4(6)); by 1979 c. 54, s. 61(5A) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 5(9)(c)); by 1982 c. 29, s. 18(3) (as inserted (3.1.1995) by 1994 c. 35, ss. 7, 8(2)(3), Sch. 2 para. 6(10))