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 [Repealed]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

19. Reservation of right of disposal

(1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled; and in such a case, notwithstanding the delivery of the goods to the buyer, or to the carrier or other bailee or custodier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled.

(2) Where goods are shipped and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is prima facie to be taken to reserve the right of disposal.

(3) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.


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