Sale of Goods Act 1979
| Jurisdiction | UK Non-devolved |
| Citation | 1979 c. 54 |
| Year | 1979 |
- Preliminary
- Orders
- Offences
- 1893 Act, section 26
- Things done before 1 January 1894
1979 CHAPTER 54
An Act to consolidate the law relating to the sale of goods.
[6th December 1979]
Commencement Information
I1
Act wholly in force at 1.1.1980, see s. 64(2)
(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 dates, this Act applies subject to the modification of certain of its sections as mentioned in Schedule 1 below.
(3)
Any such modification is indicated in the section concerned by a reference to Schedule 1 below.
(4)
Accordingly, where a section does not contain such a reference, this Act applies in relation to the contract concerned without such modification of the section.
(5)
F1
Certain sections or subsections of this Act do not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies.
(6)
Where that is the case it is indicated in the section concerned.
Amendments (Textual)
F1
S. 1(5)(6) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 9; S.I. 2015/1630, art. 3(g) (with art. 6(1))
(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 for a money consideration, called the price.
(2)
There may be a contract of sale between one part owner and another.
(3)
A contract of sale may be absolute or conditional.
(4)
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.
(5)
Where under a contract of sale the transfer of the property in the goods is to take place at a future time or subject to some condition later to be fulfilled the contract is called an agreement to sell.
(6)
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.
(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 sold and delivered
F2
to a minor or
to a person who by reason of
F3
mental incapacity or
drunkenness is incompetent to contract, he must pay a reasonable price for them.
(3)
In subsection (2) above “
necessaries
” means goods suitable to the condition in life of the
F2
minor or other
person concerned and to his actual requirements at the time of the sale and delivery.
Amendments (Textual)
F2
Words in s. 3(2)(3) repealed (S.) (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10, 11(2), Sch. 2
F3
Words in s. 3(2) ceases to have effect (E.W.) (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68, Sch. 6 para. 24 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)
(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 partly by word of mouth, or may be implied from the conduct of the parties.
(2)
Nothing in this section affects the law relating to corporations.
(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 acquired by him 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 on 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.
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