SALE OF GOODS

CHAPTER 48:01
SALE OF GOODS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
FORMATION OF THE CONTRACT

Contract of Sale

    3.    Sale and agreement to sell

    4.    Capacity to buy and sell

Formalities of the Contract

    5.    Contract of sale, how made

    6.    Contract of sale for ten pounds or more to be in writing

Subject Matter of Contract

    7.    Existing or future goods

    8.    Sale of perished goods

    9.    Goods perished after agreement to sell

The Price

    10.    Ascertainment of price

    11.    Agreement to sell at valuation

Conditions and Warranties

    12.    Stipulations as to time

    13.    When condition to be treated as warranty

    14.    Condition and warranties implied in contracts of sale

    15.    Conditions implied by description

    16.    No implied warranty as to fitness, except in certain cases

Sale by Sample

    17.    Sale by sample

PART III
EFFECTS OF THE CONTRACT

Transfer of Property as between Seller and Buyer

    18.    Property in unascertained goods

    19.    Property in specific or ascertained goods passes when intended to pass

    20.    Rules for ascertaining intention as to time when property passes

    21.    Reservation by seller of right of disposal

    22.    Risk prima facie passes with property

Transfer of Title

    23.    Sale by person not the owner

    24.    Sale under voidable title

    25.    Revesting of property in stolen goods on conviction of offender

    26.    Resale of goods in certain cases

    27.    Effect of writs of execution

PART IV
PERFORMANCE OF THE CONTRACT

    28.    Duties of seller and buyer

    29.    Payment and delivery concurrent conditions

    30.    Rules as to delivery

    31.    Delivery of wrong quantity or description

    32.    Delivery by instalments

    33.    Delivery to carrier as buyer’s agent

    34.    Risk where goods delivered elsewhere than at place of sale

    35.    Buyer’s right of examining the goods

    36.    Acceptance

    37.    Buyer is not bound to return rejected goods

    38.    Liability of buyer for neglecting or refusing delivery of goods

PART V
RIGHTS OF UNPAID SELLER AGAINST THE GOODS

    39.    Unpaid seller defined

    40.    Rights of unpaid seller

Unpaid Seller’s Lien

    41.    Seller’s lien

    42.    Lien after part delivery

    43.    Termination of lien

Stoppage in transitu

    44.    Right of stoppage in transitu

    45.    Duration of transit

    46.    Mode of stoppage in transitu

Resale by Buyer or Seller

    47.    Effect of subsale or pledge by buyer

    48.    Effect on sale of exercise of lien or stoppage in transitu

PART VI
ACTIONS FOR BREACH OF CONTRACT

Remedies of the Seller

    49.    Action for price

    50.    Action for non-acceptance

Remedies of the Buyer

    51.    Action for non-delivery

    52.    Right to specific performance

    53.    Remedy for breach of warranty

    54.    Interest and special damages

PART VII
SUPPLEMENTARY

    55.    Variation, etc., of implied rights

    56.    Reasonable time

    57.    Rights, etc., enforceable by action

    58.    Auction sales

    59.    Savings

14 of 1967

    An Act to regulate the Sale of Goods

PART I
PRELIMINARY

1.    Short title

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

2.    Interpretation

    (1) In this Act, except where the context otherwise 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 or 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 authorizing or purporting to authorize, 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” includes all chattels personal other than things in action and money, and all 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;

    “minor” means an unmarried person under the age of twenty-one years;

    “plaintiff” includes defendant counterclaiming;

    “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…