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SALE OF GOODS ORDINANCE

Arrangement of Sections

1.        Short title.

PART I

Formation of the Contract

Contract of Sale

2.        Sale and agreement to sell.

3.        Capacity to buy and sell.

Formalities of the Contract

4.        Contract of sale how made.

5.        No contract to be in force unless in writing and signed.

Subject-Matter of Contract

6.        Existing or future goods.

7.        Goods which have perished.

8.        Goods perishing before sale, but after agreement to sell.

The Price

9.        Ascertainment of price.

10.      Agreement to sell at valuation.

Conditions and Warranties

11.      Stipulations as to time of payment.

12.      When condition to be treated as warranty.

13.      Implied undertaking as to title.

14.      Sale by description.

15.      Implied conditions as to quality or fitness.

Sale by Sample

16.      Sale by sample.

PART II

Effects of the Contract

Transfer of Property as Between Seller and Buyer

17.      Goods must be ascertained.

18.      Property passes when intended to pass.

19.      Rules for ascertaining intention.

20.      Reservation of right of disposal.

21.      Risk prima facie passes with property.

Transfer of Title

22.      Sale by person not the owner.

23.      Sale under voidable title.

24.      Re-vesting of property in stolen goods on conviction of offender.

25.      Seller or buyer in possession after sale.

26.      Effect of writs of execution.

PART III

Performance of the Contract

27.      Duties of seller and buyer.

28.      Payment and delivery are concurrent conditions.

29.      Rules as to delivery.

30.      Delivery of wrong quantity.

31.      Installment deliveries.

32.      Delivery to carrier.

33.      Risk where goods are delivered at distant places.

34.      Buyer’s right of examining the goods.

35.      Acceptance.

36.      Buyer not bound to return rejected goods.

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

PART IV

Rights of Unpaid Seller against the Goods

38.      Unpaid seller defined.

39.      Unpaid seller’s rights.

Unpaid Seller’s Lien

40.      Sellers lien.

41.      Part delivery.

42.      Termination of lien.

Stoppage in Transitu

43.      Right of stoppage in transitu.

44.      Duration of transit.

45.      How stoppage in transitu is effected.

Re-Sale by Buyer or Seller

46.      Effect of sub-sale or pledge by buyer.

47.      Sale not generally rescinded by lien or stoppage in transitu.

PART V

Actions for Breach of the Contract

Remedies of the Seller

48.      Action for price.

49.      Damages for non-acceptance.

Remedies of the Buyer

50.      Damages for non-delivery.

51.      Specific performance.

52.      Remedy for breach of warranty.

53.      Interest and special damages.

PART VI

Supplementary

54.      Exclusion of implied terms and conditions.

55.      Reasonable time a question of fact.

56.      Rights enforceable by action.

57.      Auction sales.

58.      Savings.

59.      Interpretation.

SI 11 of 1896.

AN ORDINANCE to amend and codify the law relating to the Sale of Goods.

[Date of Commencement: 1st January, 1897]

1. Short title.

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

PART I

Formation of the Contract

Contract of Sale

2. Sale and agreement to sell.

(1) A contract of sale of goods is a contract whereby the seller transfers

1400 Acts all updated to 22 November 2013 and available in eight hard cover volumes, on CD ROM and online.
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Last Updated on Sunday, 30 June 2013