Sale of Goods Act 1979

Contracts to which Act applies

(1) This Act applies to contracts of sale of goods made on or after (but not to those made before) 1 January 1894. (2) In relation to contracts made on certain…

Contract of sale

— s. 2 — Contract of sale (1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer…

Capacity to buy and sell

(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property. (2) Where necessaries are…

How contract of sale is made

(1) Subject to this and any other Act, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and…

Existing or future goods

(1) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or…

Goods which have perished

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…

Goods perishing before sale but after agreement to sell

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…

Ascertainment of price

(1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in a manner agreed by the contract, or may be determined by the…

Agreement to sell at valuation

(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 he cannot or does not make the…

Stipulations about time

(1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. (2)…

When condition to be treated as warranty

(1) This section does not apply to Scotland. (2) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the…

Implied terms about title, etc

(1) In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale…

Sale by description

(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description. (1A) As…

Implied terms about quality or fitness

(1) Except as provided by this section and section 15 below and subject to any other enactment, there is no implied term about the quality or fitness for any…

Sale by sample

— s. 15 — Sale by sample (1) A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract. (2)…

Modification of remedies for breach of condition in non-consumer cases

(1) Where in the case of a contract of sale— (a) the buyer would, apart from this subsection, have the right to reject goods by reason of a breach on the part…

Remedies for breach of contract as respects Scotland

(1) Where in a contract of sale the seller is in breach of any term of the contract (express or implied), the buyer shall be entitled— (a) to claim damages…

Goods must be ascertained

Subject to section 20A below Where there is a contract for the sale of unascertained goods no property in the goods is transferred to the buyer unless and…

Property passes when intended to pass

(1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the…

Rules for ascertaining intention

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…

Reservation of right of disposal

(1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the…

Passing of risk

(1) Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is…

Undivided shares in goods forming part of a bulk

(1) This section applies to a contract for the sale of a specified quantity of unascertained goods if the following conditions are met— (a) the goods or some…

Deemed consent by co-owner to dealings in bulk goods

(1) A person who has become an owner in common of a bulk by virtue of section 20A above shall be deemed to have consented to— (a) any delivery of goods out of…

Sale by person not the owner

(1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the…

Market overt

(1) … (2) This section does not apply to Scotland. (3) Paragraph 8 of Schedule 1 below applies in relation to a contract under which goods were sold before 1…

Sale under voidable title

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…

Seller in possession after sale

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…

Buyer in possession after sale

(1) Where a person having bought or agreed to buy goods obtains, with the consent of the seller, possession of the goods or the documents of title to the…

Supplementary to sections 24 and 25

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— (a) to…

Duties of seller and buyer

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.

Payment and delivery are concurrent conditions

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…

Rules about delivery

(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the…

Delivery of wrong quantity

(1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods…

Instalment deliveries

(1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery of them by instalments. (2) Where there is a contract for the sale of goods to…

Delivery to carrier

(1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether…

Risk where goods are delivered at distant place

(1) 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…

Buyer’s right of examining the goods

(1) … Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound on request to afford the buyer a reasonable opportunity of…

Acceptance

(1) The buyer is deemed to have accepted the goods subject to subsection (2) below— (a) when he intimates to the seller that he has accepted them, or (b) when…

Right of partial rejection

(1) If the buyer— (a) has the right to reject the goods by reason of a breach on the part of the seller that affects some or all of them, but (b) accepts some…

Buyer not bound to return rejected goods

(1) 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…

Buyer’s liability for not taking delivery of goods

(1) When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after…

Unpaid seller defined

(1) The seller of goods is an unpaid seller within the meaning of this Act— (a) when the whole of the price has not been paid or tendered; (b) when a bill of…

Unpaid seller’s rights

(1) Subject to this and any other Act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by…

Seller’s lien

(1) Subject to this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price…

Part delivery

Where an unpaid seller has made part delivery of the goods, he may exercise his lien or right of retention on the remainder, unless such part delivery has been…

Termination of lien

(1) The unpaid seller of goods loses his lien or right of retention in respect of them— (a) when he delivers the goods to a carrier or other bailee or…

Right of stoppage in transit

Subject to this Act, when the buyer of goods becomes insolvent the unpaid seller who has parted with the possession of the goods has the right of stopping them…

Duration of transit

(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee or custodier for the purpose of transmission…

How stoppage in transit is effected

(1) The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods or by giving notice of his claim to the…

Effect of sub-sale etc. by buyer

(1) Subject to this Act, the unpaid seller’s right of lien or retention or stoppage in transit is not affected by any sale or other disposition of the goods…

Rescission: and re-sale by seller

— s. 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…

Action for price

(1) Where, under a contract of sale, the property in the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to…

Damages for non-acceptance

(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for…

Damages for non-delivery

(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for…

Specific performance

(1) In any action for breach of contract to deliver specific or ascertained goods the court may, if it thinks fit, on the plaintiff’s application, by its…

Remedy for breach of warranty

(1) Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller…

Measure of damages as respects Scotland

(1) The measure of damages for the seller’s breach of contract is the estimated loss directly and naturally resulting, in the ordinary course of events, from…

Interest, etc

(1) Nothing in this Act affects the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special…

Exclusion of implied terms

(1) Where a right, duty or liability would arise under a contract of sale of goods by implication of law, it may (subject to the Unfair Contract Terms Act…

Conflict of laws

Paragraph 13 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, so as to make provision about…

Auction sales

(1) Where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. (2) A sale by auction…

Payment into court in Scotland

(1) In Scotland where a buyer has elected to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for…

Reasonable time a question of fact

Where a reference is made in this Act to a reasonable time the question what is a reasonable time is a question of fact.

Rights etc. enforceable by action

Where a right, duty or liability is declared by this Act, it may (unless otherwise provided by this Act) be enforced by action.

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…

Savings: rules of law etc

(1) The rules in bankruptcy relating to contracts of sale apply to those contracts, notwithstanding anything in this Act. (2) The rules of the common law…

Consequential amendments, repeals and savings

(1) Without prejudice to section 17 of the Interpretation Act 1978 (repeal and re-enactment), the enactments mentioned in Schedule 2 below have effect subject…

Short title and commencement

(1) This Act may be cited as the Sale of Goods Act 1979. (2) This Act comes into force on 1 January 1980.

Sch. 1 para. 1

(1) This Schedule modifies this Act as it applies to contracts of sale of goods made on certain dates. (2) In this Schedule references to sections are to those…

Sch. 1 para. 2

In relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967, in section 11(4) after “or part of…

Sch. 1 para. 3

In relation to a contract made before 18 May 1973 substitute the following for section 12:— Implied terms about title, etc. 12 In a contract of sale, unless…

Sch. 1 para. 4

In relation to a contract made before 18 May 1973, omit section 13(3).

Sch. 1 para. 5

In relation to a contract made on or after 18 May 1973 and before the appointed day, substitute the following for section 14:— Implied terms about quality or…

Sch. 1 para. 6

In relation to a contract made before 18 May 1973 substitute the following for section 14:— Implied terms about quality or fitness. 14 (1) Subject to this and…

Sch. 1 para. 7

In relation to a contract made before 18 May 1973, omit section 15(3).

Sch. 1 para. 8

In relation to a contract under which goods were sold before 1 January 1968 or (in the application of this Act to Northern Ireland) 29 August 1967, add the…

Sch. 1 para. 9

In relation to a contract under which a person buys or agrees to buy goods and which is made before the appointed day, omit section 25(2).

Sch. 1 para. 10

In relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967, in section 35(1) omit “(except where…

Sch. 1 para. 11

In relation to a contract made on or after 18 May 1973 and before 1 February 1978 substitute the following for section 55:— Exclusion of implied terms. 55 (1)…

Sch. 1 para. 12

In relation to a contract made before 18 May 1973 substitute the following for section 55:— Exclusion of implied terms. 55 Where a right, duty or liability…

Sch. 1 para. 13

(1) In relation to a contract made on or after 18 May 1973 and before 1 February 1978 substitute for section 56 the section set out in sub-paragraph (3) below…

Sch. 1 para. 14

In relation to a contract made on or after 18 May 1973 and before 1 February 1978, in the definition of “business” in section 61(1) for “or local or public…

Sch. 1 para. 15

In relation to a contract made before 18 May 1973 omit the definition of “business” in section 61(1).

Sch. 2 para. 2

In section 2(5)(c) of the Law Reform (Frustrated Contracts) Act 1943 for “section seven of the Sale of Goods Act 1893” substitute “ section 7 of the Sale of…

Sch. 2 para. 3

In section 2(5)(c) of the Frustrated Contracts Act (Northern Ireland) 1947 for “section seven of the Sale of Goods Act 1893” substitute “ section 7 of the Sale…

Sch. 2 para. 4

In section 27(5) of the Hire-Purchase Act 1964 (as originally enacted and as substituted by Schedule 4 to the Consumer Credit Act 1974)— (a) in paragraph (a)…

Sch. 2 para. 5

In section 20 of the Hire-Purchase Act 1965— (a) in subsection (1) for “Section 11(1)(c) of the Sale of Goods Act 1893” substitute “ Section 11(4) of the Sale…

Sch. 2 para. 6

In section 54 of the Hire-Purchase At 1965 for “section 25(2) of the Sale of Goods Act 1893” substitute “ section 25(1) of the Sale of Goods Act 1979 ”.

Sch. 2 para. 7

In section 58(1) of the Hire-Purchase Act 1965 for “the Sale of Goods Act 1893” substitute “ the Sale of Goods Act 1979 ”.

Sch. 2 para. 8

In section 20 of the Hire-Purchase (Scotland) Act 1965 for “1893” substitute “ 1979 ”.

Sch. 2 para. 9

In section 50 of the Hire-Purchase (Scotland) Act 1965 for “section 25(2) of the Sale of Goods Act 1893” substitute “ section 25(1) of the Sale of Goods Act…

Sch. 2 para. 10

In section 54(1) of the Hire-Purchase (Scotland) Act 1965 for “the Sale of Goods Act 1893” substitute “ the Sale of Goods Act 1979 ”.

Sch. 2 para. 11

In section 20 of the Hire-Purchase Act (Northern Ireland) 1966— (a) in subsection (1) for “Section 11(1)(c) of the Sale of Goods Act 1893” substitute “ Section…

Sch. 2 para. 12

In section 54 of the Hire-Purchase Act (Northern Ireland) 1966 for “section 25(2) of the Sale of Goods Act 1893” substitute “ section 25(1) of the Sale of…

Sch. 2 para. 13

In section 62(5) of the Hire-Purchase Act (Northern Ireland) 1966 (as originally enacted and as substituted by Schedule 4 to the Consumer Credit Act 1974)— (a)…

Sch. 2 para. 14

In section 65(1) of the Hire-Purchase Act (Northern Ireland) 1966 for “the Sale of Goods Act 1893” substitute “ the Sale of Goods Act 1979 ”.

Sch. 2 para. 15

For section 1(4) of the Uniform Laws on International Sales Act 1967 substitute the following:— (4) In determining the extent of the application of the Uniform…

Sch. 2 para. 16

In section 14(1) of the Supply of Goods (Implied Terms) Act 1973 (as originally enacted and as substituted by Schedule 4 to the Consumer Credit Act 1974) for…

Sch. 2 para. 17

For the definition of “consumer sale” in section 15(1) of the Supply of Goods (Implied Terms) Act 1973 substitute— “consumer sale” has the same meaning as in…

Sch. 2 para. 18

In section 189(1) of the Consumer Credit Act 1974, in the definition of “goods”, for “section 62(1) of the Sale of Goods Act 1893” subsitute “ section 61(1) of…

Sch. 2 para. 19

In section 6 of the Unfair Contract Terms Act 1977— (a) in subsection (1)(a) for “section 12 of the Sale of Goods Act 1893” substitute “ section 12 of the Sale…

Sch. 2 para. 20

In section 14 of the Unfair Contract Terms Act 1977, in the definition of “goods”, for “the Sale of Goods Act 1893” subsitute “ the Sale of Goods Act 1979 ”.

Sch. 2 para. 21

In section 20(1)(a) ... of the Unfair Contract Terms Act 1977 for “1893” substitute ... “ 1979 ”.

Sch. 2 para. 22

In section 25(1) of the Unfair Contract Terms Act 1977, in the definition of “goods”, for “the Sale of Goods Act 1893” substitute “ the Sale of Goods Act 1979…

Sch. 4 para. 1

In this Schedule references to the 1893 Act are to the Sale of Goods Act 1893.

Sch. 4 para. 2

An order under section 14(8) or 25(4) above may make provision that it is to have effect only as provided by the order (being provision corresponding to that…

Sch. 4 para. 3

Where an offence was committed in relation to goods before 1 January 1969 or (in the application of this Act to Northern Ireland) 1 August 1969, the effect of…

Sch. 4 para. 4

The repeal by this Act of provisions of the 1893 Act does not extend to the following provisions of that Act in so far as they are needed to give effect to or…

Sch. 4 para. 5

The repeal by this Act of section 60 of and the Schedule to the 1893 Act (which effected repeals and which were themselves repealed subject to savings by the…

Sch. 4 para. 6

In so far as the 1893 Act applied (immediately before the operation of the repeals made by this Act) to contracts made before 1 January 1894 (when the 1893 Act…