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 [Repealed]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 V - RIGHTS OF UNPAID SELLER AGAINST THE GOODS

Rescission: and re-sale by seller

48. Rescission and re-sale by seller

(1) Subject to this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transit.

(2) Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re-sells the goods, the buyer acquires a good title to them as against the original buyer.

(3) Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.

(4) Where the seller expressly reserves the right of re-sale in case the buyer should make default, and on the buyer making default re-sells the goods, the original contract of sale is rescinded but without prejudice to any claim the seller may have for damages.


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