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Introductory Text
PART I Contracts to Which Act Applies
1.Contracts to which Act applies
PART II Formation of the Contract
Contract of sale
2.Contract of sale
3.Capacity to buy and sell
Formalities of contract
4.How contract of sale is made
Subject matter of contract
5.Existing or future goods
6.Goods which have perished
7.Goods perishing before sale but after agreement to sell
The price
8.Ascertainment of price
9.Agreement to sell at valuation
Conditions and warranties
10.Stipulations about time
11.When condition to be treated as warranty
12.Implied terms about title, etc.
13.Sale by description
14.Implied terms about quality or fitness
Sale by sample
15.Sale by sample
PART III Effects of the Contract
Transfer of property as between seller and buyer
16.Goods must be ascertained
17.Property passes when intended to pass
18.Rules for ascertaining intention
19.Reservation of right of disposal
20.Risk prima facie passes with property
Transfer of title
21.Sale by person not the owner
22.Market overt
23.Sale under voidable title
24.Seller in possession after sale
25.Buyer in possession after sale
26.Supplementary to sections 24 and 25
PART IV Performance of the Contract
27.Duties of seller and buyer
28.Payment and delivery are concurrent conditions
29.Rules about 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 the goods
35.Acceptance
36.Buyer not bound to return rejected goods
37.Buyer's liability for not taking delivery of goods
PART V Rights of Unpaid Seller Against the Goods
Preliminary
38.Unpaid seller denned
39.Unpaid seller's rights
40.Attachment by seller in Scotland
Unpaid seller's lien
41.Seller's lien.
42.Part delivery.
43.Termination of lien
Stoppage in transit
44.Right of stoppage in transit
45.Duration of transit
46.How stoppage in transit is effected
Re-sale etc. by buyer
47.Effect of sub-sale etc. by buyer
Rescission: and re-sale by seller
48.Rescission : and re-sale by seller
PART VI Actions for Breach of the Contract
Seller's remedies
49.Action for price
50.Damages for non-acceptance
Buyer's remedies
51.Damages for non-delivery
52.Specific performance
53.Remedy for breach of warranty
Interest, etc.
54.Interest, etc.
PART VII Supplementary
55.Exclusion of implied terms
56.Conflict of laws
57.Auction sales
58.Payment into court in Scotland
59.Reasonable time a question of fact
60.Rights etc. enforceable by action
61.Interpretation
62.Savings: rules of law etc.
63.Consequential amendments, repeals and savings
64.Short title and commencement
SCHEDULES
SCHEDULE 1
Modification of Act for Certain Contracts
1.(1) This Schedule modifies this Act as it applies to...
Section 11: condition treated as warranty
2.In relation to a contract made before 22 April 1967...
Section 12: implied terms about title etc.
3.In relation to a contract made before 18 May 1973...
Section 13: sale by description
4.In relation to a contract made before 18 May 1973,...
Section 14: quality or fitness (i)
5.In relation to a contract made on or after 18...
Section 14: quality or fitness (ii)
6.In relation to a contract made before 18 May 1973...
Section 15: sale by sample
7.In relation to a contract made before 18 May 1973,...
Section 22: market overt
8.In relation to a contract under which goods were sold...
Section 25: buyer in possession
9.In relation to a contract under which a person buys...
Section 35: acceptance
10.In relation to a contract made before 22 April 1967...
Section 55: exclusion of implied terms (i)
11.In relation to a contract made on or after 18...
Section 55: exclusion of implied terms (ii)
12.In relation to a contract made before 18 May 1973...
Section 56: conflict of laws
13.(1) in relation to a contract made on or after...
Section 61(1): definition of " business " (i)
14.In relation to a contract made on or after 18...
Section 61(1): definition of " business " (ii)
15.In relation to a contract made before 18 May 1973...
SCHEDULE 2
Consequential Amendments
War Risks Insurance Act 1939 (2 & 3 Geo. 6 c.57)
1.In section 15(1)(e) of the War Risks Insurance Act 1939...
Law Reform (Frustrated Contracts) Act 1943 (6 & 7 Geo. 6 c. 40)
2.In section 2(5)(c) of the Law Reform (Frustrated Contracts Act...
Frustrated Contracts Act (Northern Ireland) 1947 (c.2)
3.In section 2(5)(c) of the Frustrated Contracts Act (Northern Ireland)...
Hire-Purchase Act 1964 (c. 53)
4.In section 27(5) of the Hire-Purchase Act 1964 (as originally...
Hire-Purchase Act 1965 (c. 66)
5.In section 20 of the Hire-Purchase Act 1965—
6.In section 54 of the Hire-Purchase Act 1965 for "...
7.In Section 58(1) of the Hire-Purchase Act 1965 for "...
Hire-Purchase (Scotland) Act 1965 (c. 67)
8.In section 20 of the Hire-Purchase (Scotland) Act 1965 for...
9.In section 50 of the Hire-Purchase (Scotland) Act 1965 for...
10.In section 54(1) of the Hire-Purchase (Scotland) Act 1965 for...
Hire-Purchase Act (Northern Ireland) 1966 (c. 42)
11.In section 20 of the Hire-Purchase Act (Northern Ireland) 1966—...
12.In section 54 of the Hire-Purchase Act (Northern Ireland) 1966...
13.In section 62(5) of the Hire-Purchase Act (Northern Ireland) 1966...
14.In section 65(1) of the Hire-Purchase Act (Northern Ireland) 1966...
Uniform Laws on International Sales Act 1967 (c. 45)
15.For section 1(4) of the Uniform Laws on International Sales...
Supply of Goods (Implied Terms) Act 1973 (c. 13)
16.In section 14(1) of the Supply of Goods (Implied Terms)...
17.For the definition of " consumer sale" in section 15(1)...
Consumer Credit Act 1974 (c.39)
18.In section 189(1) of the Consumer Credit Act 1974, in...
Unfair Contract Terms Act 1977 (c. 50)
19.In section 6 of the Unfair Contract Terms Act 1977—...
20.In section 14 of the Unfair Contract Terms Act 1977,...
21.In section 20(1)(a) and (2)(a) of the Unfair Contract Terms...
22.In section 25(1) of the Unfair Contract Terms Act 1977,...
SCHEDULE 3
Repeals
SCHEDULE 4
Savings
1.In this Schedule references to the 1893 Act are to...
Orders
2.An order under section 14(8) or 25(4) above may make...
Offences
3.Where an offence was committed in relation to goods before...
1893 Act, section 26
4.The repeal by this Act of provisions of the 1893...
Things done before 1 January 1894
5.The repeal by this Act of section 60 of and...
6.In so far as the 1893 Act applied (immediately before...