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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 [Repealed]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 VII - SUPPLEMENTARY

61. Interpretation

(1) In this Act, unless the context or subject matter otherwise requires,-

'action' includes counterclaim and set-off, and in Scotland condescendence and claim and compensation;

'business' includes a profession and the activities of any Government department (including a Northern Ireland department) or local or public authority;

'buyer' means a person who buys or agrees to buy goods;

'contract of sale' includes an agreement to sell as well as a sale;

'credit-broker' means a person acting in the course of a business, of credit brokerage carried on by him, that is a business of effecting introduction of individuals desiring to obtain credit:

(a) to persons carrying on any business so far as it relates to the provision of credit, or

(b) to other persons engaged in credit brokerage;

'defendant' includes in Scotland defender, respondent, and claimant in a multiplepoinding;

'delivery' means voluntary transfer of possession from one person to another;

'document of title to goods' has the same meaning as it has in the Factors Acts;

'Factors Acts' means the Factors Act 1889, the Factors (Scotland) 1890, and any enactment amending or substituted for the same;

'fault' means wrongful act or default;

'future goods' means goods to be manufactured or acquired by the seller after the making of the contract of sale;

'goods' includes all personal chattels other than things in action and money, and in Scotland all corporeal moveables except money; and in particular "goods" includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;

'plaintiff' includes pursuer, complainer, claimant in a multiple poinding and defendant or defender counter-claiming;

'property' means the general property in goods, and not merely a special property;

'quality', in relation to goods, includes their state or condition;

'sale' includes a bargain and sale as well as a sale and delivery;

'seller' means a person who sells or agrees to sell goods;

'specific goods' means goods identified and agreed on at the time a contract of sale is made;

'warranty' (as regards England and Wales and Northern Ireland) means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.

(2) As regards Scotland a breach of warranty shall be deemed to be a failure to perform a material part of the contract.

(3) A thing is deemed to be done in good faith within the meaning of this Act when it is in fact done honestly, whether it is done negligently or not.

(4) A person is deemed to be insolvent within the meaning of this Act if he has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they become due.

(5) Goods are in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them.

(6) [Omitted].


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