Long v Lloyd [1958]

Court: Court of Appeal

Facts: Mr. Lloyd sold a lorry to Mr. Long, promising it was in “exceptional condition” with great speed and fuel efficiency. But soon after buying it, Mr. Long discovered several serious problems, including a faulty dynamo and poor fuel consumption. Mr. Lloyd offered to fix the lorry at half price, which Mr. Long accepted. Later, the lorry broke down again during a trip, and Mr. Long decided to sue for rescission of the contract due to the misrepresentation.

Issue: Could Mr. Long still rescind the contract after accepting the repair offer and continuing to use the lorry?

Held: The Court of Appeal decided that Mr. Long couldn’t rescind the contract because he had effectively accepted it by agreeing to the repair and using the lorry further.

Key Judicial Statements - Pearce LJ: Explained that Mr. Long’s acceptance of the repair offer and continued use of the lorry meant he had affirmed the contract. He had the chance to inspect the lorry and should have acted sooner if he wanted to rescind. By using the lorry for a final trip and accepting the repair, Mr. Long lost his right to rescind.

💡 Leveluplaw: This case shows that if you keep using a product or accept fixes after discovering issues, you might lose your right to rescind the contract. It’s important to act quickly if you think you’ve been misled.