Lex Mercatoria

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SALE OF GOODS ACT 1979 [England]

PART I

1. [Omitted]

PART II - FORMATION OF THE CONTRACT

Contract of Sale

2. Contract of sale

3. Capacity to buy and sell

Formalities of Contract

4. How contract of sale is made

Subject matter of contract

5. Existing or future goods

6. Goods which have perished

7. Goods perishing before sale but after agreement to sell

The Price

8. Ascertainment of price

9. Agreement to sell at valuation

Conditions and warranties

10. Stipulations about time

11. When condition to be treated as warranty

12. Implied terms about title, etc.

13. Sale by description

14. Implied terms about quality or fitness

Sale by sample

15. Sale by sample

PART III - EFFECTS OF THE CONTRACT

Transfer of Property as between seller and buyer

16. Goods must be ascertained

17. Property passes when intended to pass

18. Rules for ascertaining intention

Rule 1
Rule 2
Rule 3
Rule 4
Rule 5

19. Reservation of right of disposal

20. Risk prima facie passes with property

Transfer of title

21. Sale by person not the owner

22. [Omitted]

23. Sale under voidable title

24. Seller in possession after sale

25. Buyer in possession after sale

26. Supplementary to sections 24 and 25

PART IV - PERFORMANCE OF THE CONTRACT

27. Duties of seller and buyer

28. Payment and delivery are concurrent conditions

29. Rules about delivery

30. Delivery of wrong quantity

31. Instalment deliveries

32. Delivery to carrier

33. Risk where goods are delivered at distant place

34. Buyer's right of examining the goods

35. Acceptance

36. Buyer not bound to return rejected goods

37. Buyer's liability for not taking delivery of goods

PART V - RIGHTS OF UNPAID SELLER AGAINST THE GOODS

Preliminary

38. Unpaid seller defined

39. Unpaid seller's rights

40. [Repealed]

Unpaid seller's lien

41. Seller's lien

42. Part delivery

43. Termination of lien

Stoppage in transit

44. Right of stoppage in transit

45. Duration of transit

46. How stoppage in transit is effected

Re-sale etc., by buyer

47. Effect of sub-sale etc., by buyer

Rescission: and re-sale by seller

48. Rescission and re-sale by seller

PART VI - ACTIONS FOR BREACH OF THE CONTRACT

Seller's remedies

49. Action for price

50. Damages for non-acceptance

Buyer's remedies

51. Damages for non-delivery

52. Specific performance

53. Remedy for breach of warranty

54. Interest etc.

PART VII - SUPPLEMENTARY

55. Exclusion of implied terms

56. [Omitted]

57. Auction sales

58. [Omitted]

59. Reasonable time a question of fact

60. Rights etc. enforceable by action

61. Interpretation

62.-64. and Schedules 1-4 [Omitted]

Metadata

SiSU Metadata, document information

SALE OF GOODS ACT 1979 [England]

PART III - EFFECTS OF THE CONTRACT

Transfer of Property as between seller and buyer

18. Rules for ascertaining intention

Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer.

Rule 1

Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.

Rule 2

Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.

Rule 3

Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until the act or thing is done and the buyer has notice that it has been done.

Rule 4

When goods are delivered to the buyer on approval or on sale or return or other similar terms the property in the goods passes to the buyer:

(a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction;

(b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods on the expiration of that time, and if no time has been fixed, on the expiration of a reasonable time.

Rule 5

(1) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods then passes to the buyer; and the assent may be express or implied, and may be given either before or after the appropriation is made.

(2) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is to be taken to have unconditionally appropriated the goods to the contract.


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