Duties of seller and buyer Payment and delivery are concurrent conditions Rules about delivery Delivery of wrong quantity Instalment deliveries Delivery to carrier Risk where goods are delivered at distant place Buyer's right of examining the goods Acceptance Buyer not bound to return rejected goods Unpaid seller defined Unpaid seller's rights Seller's lien Part delivery Termination of lien Stoppage in transit Right of stoppage in transit Duration of transit How stoppage in transit is effected Re-sale etc.
Effect of sub-sale etc. Action for price Damages for non-acceptance Buyer's remedies Damages for non-delivery Specific performance Remedy for breach of warranty Interest etc. Exclusion of implied terms Auction sales Reasonable time a question of fact Rights etc. Interpretation 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. 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 avoided.
Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer. Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.
Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until the act or thing is done and the buyer has notice that it has been done. When goods are delivered to the buyer on approval or on sale or return or other similar terms the property in the goods passes to the buyer:.
When the seller of goods has a voidable title to them, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, has the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same.
In sections 24 and 25 above 'mercantile agent' means a mercantile agent having in the customary course of his business as such agent authority either:. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer must nevertheless unless otherwise agreed take any risk of deterioration in the goods necessarily incident to the course of transit. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
The contents of this website are not intended to be a substitute for individual professional advice. The content of this section is based on the law applying in May Discover ways to avoid being scammed and find useful consumer tips and hints. BBC One Watchdog. Main content.
Sale of goods Act as amended. Related links:. Citizens Advice Bureau: Consumer advice guides www. Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms.
We need this to enable us to match you with other users from the same organisation. It is also part of the information that we share to our content providers "Contributors" who contribute Content for free for your use. Learn More Accept. Consumer Protection. To print this article, all you need is to be registered or login on Mondaq. Section 14 3 of the Sale of Goods Act This Section of the Sale of Goods Act makes it clear that where the seller sells goods in the course of a business and the purchaser, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied term that the goods supplied under the contract are reasonably fit for that purpose, whether or not the purpose is that for which such goods are commonly supplied.
The Initial Case The judge in the initial case found that Makers had by a fax enquiry, written quotation and a written order, expressly specified a particular purpose to BSS.
The Appeal The Court of Appeal dismissed the appeal and agreed with the original judge's decision. Summary Although they do not reflect new law, the cases above are a useful reminder for purchasers, sellers and suppliers of goods of the principles involved in relation to fitness for purpose in the Sale of Goods Act as amended and the Supply of Goods and Services Act as amended. Chelsea Walters.
Productwise Cooley LLP. Here's the next edition of our monthly bite-sized digest, Productwise where each month, we bring to the top of your inbox and your agenda Universities seem to be getting it wrong when it comes to dealing with freedom of speech and, particularly, academic freedom of speech — a subset of the general concept which pervades the very essence. The education secretary, Gavin Williamson, recently announced plans to introduce legislation enabling academics, students or visiting speakers who are no-platformed to sue universities Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.
Register For News Alerts. Article Tags. JAN More Webinars. Artificial Intelligence. Banking Regulation. Mondaq Advice Centres. Coming to and Investing in the UK.
More MACs. More filters. Please Login to Mondaq or Register for unlimited free access and a complimentary news alert.
0コメント