Part I Supply of Goods
Contracts for the hire of goods
F110A Modification of remedies for breach of statutory condition in non-consumer cases.
1
Where in the case of a contract for the hire of goods—
a
the bailee would, apart from this subsection, have the right to treat the contract as repudiated by reason of a breach on the part of the bailor of a term implied by section 8, 9 or 10(2)(a) or (c) above, but
b
the breach is so slight that it would be unreasonable for him to do so,
then, if the bailee does not deal as consumer, the breach is not to be treated as a breach of condition but may be treated as a breach of warranty.
2
This section applies unless a contrary intention appears in, or is to be implied from, the contract.
3
It is for the bailor to show that a breach fell within subsection (1)(b) above.