Wednesday, April 14, 2010

Sales of goods contract


The Sale of Goods Act 1979 (c.54) is an Act of the Parliament of the United Kingdom which regulates contracts in which goods are sold and bought. The Act consolidates the original Sale of Goods Act 1893 and subsequent legislation, which in turn had codified and consolidated the law. Since 1979, there have been a number of minor statutory changes and additions to the 1979 Act, and a new consolidated Sale of Goods Act is perhaps overdue.

The Sale of Goods Act performs several functions. The Act lays down a small number of compulsory legal rules, but these restrictions are minimal: the bulk of the Act is concerned with an array of presumptions and implied terms, which aim to reflect the commercial expectations in the most commonly agreed sales contracts. In the absence of contrary agreement these terms will govern a contract within the Act's remit. The benefits in efficiency (through lower bargaining costs) and legal certainty have led to many jurisdictions adopting the legislation wholesale, and versions of the Sale of Goods Act have been adopted in almost all the former territories of the British Empire and Commonwealth (with the notable exception of Canada, which has adopted hybrid legislation incorporating elements of the US Uniform Commercial Code).

The Act applies to contracts where property in 'goods' is transferred or agreed to be transferred for a monetary consideration,[2] in other words: where property* in personal chattels is sold. (* Note that in this context, the word "property" means "ownership").

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