110 Sale Of Goods
| Author | Ralph Hone |
| Pages | #3 |
[CH.110. 1747CHAPTER 110.
SALE OF GOODS.
ARRANGEMENT OF SECTIONS.
SECTION.
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SHORT TITLE.
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INTERPRETATION.
PART I.
FORMATION OF THE CONTRACT.
Contract of Sale.
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SALE AND AGREEMENT TO SELL.
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CAPACITY TO Buy AND SELL.
Formalities of the Contract.
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CONTRACT OF SALE, HOW MADE.
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CONTRACT OF SALE FOR TEN POUNDS AND UPWARDS.
Subject Matter of Contract.
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EXISTING OR FUTURE GOODS.
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GOODS WHICH HAVE PERISHED.
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GOODS PERISHING BEFORE SALE BUT AFTER AGREEMENT TO SELL.
The Price.
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ASCERTAINMENT OF PRICE.
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AGREEMENT TO SELL AT VALUATION.
Conditions and Warranties.
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STIPULATIONS AS TO TIME.
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WHEN CONDITION TO BE TREATED AS WARRANTY.
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IMPLIED UNDERTAKING AS TO TITLE, ETC.
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SALE BY DESCRIPTION.
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IMPLIED CONDITIONS AS TO QUALITY OR FITNESS.
Sale by Sample.
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SALE BY SAMPLE.
PART II.
EFFECTS OF THE CONTRACT.
Transfer of Property as between Seller and Buyer.
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GOODS MUST BE ASCERTAINED.
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PROPERTY PASSES WHEN INTENDED TO PASS.
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RULES FOR ASCERTAINING INTENTION.
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RESERVATION OF RIGHT OF DISPOSAL.
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RISK prima facie PASSES WITH PROPERTY.
Transfer of Title.
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SALE BY PERSON NOT THE OWNER.
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MARKET OVERT.
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SALE UNDER VOIDABLE TITLE.
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REVESTING OF PROPERTY IN STOLEN, ETC., GOODS ON CONVICTION OF OFFENDER.
SECTION.
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SELLER OR BUYER IN POSSESSION AFTER SALE.
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EFFECT OF WRITS OF EXECUTION.
PART III.
PERFORMANCE OF THE CONTRACT.
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DUTIES OF SELLER AND BUYER.
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PAYMENT AND DELIVERY ARE CONCURRENT CONDITIONS.
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RULES AS TO DELIVERY.
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DELIVERY OF WRONG QUANTITY.
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INSTALMENT DELIVERIES.
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DELIVERY TO CARRIER.
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RISK WHERE GOODS ARE DELIVERED AT DISTANT PLACE.
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BUYER'S RIGHT OF EXAMINING THE GOODS.
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ACCEPTANCE.
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BUYER NOT BOUND TO RETURN REJECTED GOODS.
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LIABILITY OF BUYER FOR NEGLECTING OR REFUSING DELIVERY OF GOODS.
PART IV.
RIGHTS OF UNPAID SELLER AGAINST THE GOODS.
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'UNPAID SELLER' DEFINED.
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UNPAID SELLER'S RIGHTS.
Unpaid Seller's Lien.
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SELLER'S LIEN.
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PART DELIVERY.
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TERMINATION OF LIEN.
Stoppage in Transitu.
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RIGHT OF STOPPAGE in Transitu.
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DURATION OF TRANSIT.
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How STOPPAGE in Transitu IS EFFECTED.
Re-Sale by Buyer or Seller.
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EFFECT OF SUB-SALE OR PLEDGE BY BUYER.
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SALE NOT GENERALLY RESCINDED BY LIEN OR STOPPAGE in Transitu.
PART V.
ACTIONS FOR BREACH OF CONTRACT.
Remedies of the Seller.
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ACTION FOR PRICE.
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DAMAGES FOR NON-ACCEPTANCE.
Remedies of the Buyer.
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DAMAGES FOR NON-DELIVERY.
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SPECIFIC PERFORMANCE.
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REMEDY FOR BREACH OF WARRANTY.
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INTEREST AND SPECIAL DAMAGE.
PART VI.
SUPPLEMENTARY.
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EXCLUSION OF IMPLIED TERMS AND CONDITIONS.
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REASONABLE TIME A QUESTION OF FACT.
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RIGHTS DUTIES AND LIABILITIES ENFORCEABLE BY ACTION.
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AUCTION SALES.
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SAVINGS.
CHAPTER 110.
SALE OF GOODS.
AN ACT RELATING TO THE SALE OF GOODS. 37 of 1904.
[9th June 1904.] 1. This Act may be cited as The Sale of Goods Short title.
Act.
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-(1) In this Act, unless the context otherwise Interpretation.
requires'action' includes counterclaim and set off;
'buyer' means a person who buys or agrees to buy goods;
'contract of sale' includes an agreement to sell as well as a sale;
'delivery' means voluntary transfer of possession from one person to another;
'document of title to goods' includes any bill of lading, dock warrant, warehouse-keeper's certificate and warrant or order for the delivery of goods, and any other document used in the *ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;
'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' include all chattels personal other than things in action and money. The term 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;
'mercantile agent' means a mercantile agent having in the customary course of his business as such agent au'thority -either to sell goods or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods;
'property' means the general 'property in goods, and not merely a special property;
'quality of 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 upon at the time a contract of sale is made;
'warranty' 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) A thing is deemed to be done 'in good faith' within the meaning of this Act when it is ia fact done honestly, whether it be done negligently or not.
(3) A person is deemed to be insolvent within the meaning of this Act who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not.
(4) 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.
PART I.
FORMATION OF THE CONTRACT.
Contract of Sale.
Sale and 3.-(1) A contract of sale of goods is a contract agreement to whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. There may be a contract of sale between one part owner and another.
(2) A contract of sale may be absolute or conditional.
(3) Where under a contract -of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where -the transfer of the property in goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to, sell.
(4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to, be transferred.
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-(1) Capacity to buy and sell is regulated by the Capacity to general law concerning capacity to contract, and to buy and sell.
transfer and acquire property:
Provided that where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.
(2) Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of the sale and delivery.
Formalities of the Contract.
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Subject to the provisions of this Act and of any Contract of Act in that behalf, a contract of sale may be made in sale, how made.
writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties:
Provided that nothing in this section shall affect the law relating to corporations.
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-(1) A contract for the sale of any goods of the Contract of sale for ten value of ten pounds or upwards shall not be enforceable pounds and by action unless the buyer shall accept part of the goods upwards.
so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
(2) The provisions of this section apply to every such contract, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.
(3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.
Subject Matter of Contract....
Existing or 7.-(1) The goods which form the subject of a future goods. contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Act called 'future goods.' (2) There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.
(3) Where by a contract of sale the seller purports' to effect a present sale -of future goods, the contract operates as an agreement to sell the goods.
Goods which have perished.
Goods perishing before sale but after agreement to sell.
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Where there is a contract for the sale of specific goods, and the goods without the knowledge -of the seller have perished at the time when the contract is made, the contract is void.
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Where there is an agreement to sell specific goods, and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.
The Price.
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--(1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in manner thereby agreed, or may be determined by the course of dealing between the parties.
(2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
Ascertainment of price.
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-(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and such third party cannot or does not...
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