SALE OF GOODS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

PART I
Formation of the Contract

Contract of Sale

   2   Sale and agreement to sell

   3   Capacity to buy and sell

 

Formalities of the Contract

   4   Contract of sale, how made

   5   Contracts of sale for twenty dollars and upwards

 

Subject Matter of Contract

   6   Existing or future goods

   7   Goods which have perished

   8   Goods perishing before sale, but after agreement to sell

 

The Price

   9   Ascertainment of price

   10   Agreement to sell at valuation

 

Conditions and Warranties

   11   Stipulation as to time

   12   When condition to be treated as warranty

   13   Implied undertaking as to title, etc

   14   Sale by description

   15   Implied conditions as to quality or fitness

 

Sale by Sample

   16   Sale by sample

 

PART II
Effect of the Contract

Transfer of Property as between Seller and Buyer

   17   Goods must be ascertained

   18   Property passes when intended to pass

   19   Rules for ascertaining intention

   20   Reservation of right of disposal

   21   Risk prima facie passes with property

 

Transfer of Title

   22   Sale by person not the owner

   23   Sale under voidable title

   24   Revesting of property in stolen goods on conviction of offender

   25   Seller or buyer in possession after sale

   26   Effect of writs of execution

 

PART III
Performance of the Contract

   27   Duties of buyer and seller

   28   Payment and delivery are concurrent conditions

   29   Rules as to 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 goods

   35   Acceptance

   36   Buyer not bound to return rejected goods

   37   Liability of buyer for neglecting or refusing delivery of good

 

PART IV
Rights of Unpaid Seller against the Goods

   38   Unpaid seller defined

   39   Unpaid seller's rights

   40   Seller's lien

   41   Part delivery

   42   Termination of lien

 

Stoppage in Transitu

   43   Right of stoppage in transitu

   44   Duration of transit

   45   How stoppage in transitu is effected

 

Resale by Buyer or Seller

   46   Effect of such sale or pledge by buyer

   47   Sale not generally rescinded by lien or stoppage in transitu.

 

PART V
Actions for Breach of the Contract

Remedies of the Seller

   48   Action for price

   49   Damages for non-acceptance

 

Remedies of the Buyer

   50   Damages for non-delivery

   51   Specific performance

   52   Remedy for breach of warranty

   53   Interest and special damages

 

PART VI
Supplementary

   54   Exclusion of implied terms and conditions

   55   Reasonable time a question of fact

   56   Rights, etc, enforceable by action

   57   Auction sales

   58   Repeal

   59   Savings

   60   Interpretation

 

THE SALE OF GOODS ACT

[Date of Commencement: 1st July, 1895]

Cap 349.

1   Short title

   This Act may be cited as the Sale of Goods Act.

PART I
Formation of the Contract

Contract of Sale

2   Sale and agreement to sell

   (1) A contract of sale of goods is a contract 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 the 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.

3   Capacity to buy and sell

   Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property:

   Provided that where necessaries are sold and delivered to an infant, or minor, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract he must nay a reasonable price therefor.

   Necessaries in this section mean goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery.

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