(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 [F1to a minor or] to a person who by reason of [F2mental 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 [F1 minor or other] person concerned and to his actual requirements at the time of the sale and delivery.
Textual Amendments
F1Words in s. 3(2)(3) repealed (S.) (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10, 11(2), Sch. 2
F2Words in s. 3(2) ceased 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)