Sale of Goods Act 1979 - Legislation.gov.uk

1 Changes to legislation : Sale of Goods Act 1979 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appearin the content and are referenced with annotations. (See end of Document for details) View outstanding changesSale of Goods Act 19791979 CHAPTER 54An Act to consolidate the law relating to the sale of Goods .[6th December 1979]Commencement InformationI1 Act wholly in force at , see s. 64(2)PART ICONTRACTS TO WHICH ACT APPLIES1 Contracts to which Act applies.(1)This Act applies to contracts of sale of Goods made on or after (but not to those madebefore) 1 January 1894.

2 (2)In relation to contracts made on certain dates, this Act applies subject to themodification of certain of its sections as mentioned in Schedule 1 below.(3)Any such modification is indicated in the section concerned by a reference toSchedule 1 below.(4)Accordingly, where a section does not contain such a reference, this Act applies inrelation to the contract concerned without such modification of the section.[F1(5)Certain sections or subsections of this Act do not apply to a contract to which Chapter2 of Part 1 of the Consumer Rights Act 2015 applies.(6)Where that is the case it is indicated in the section concerned.]

3 ]Textual AmendmentsF1S. 1(5)(6) inserted ( ) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 9; , art. 3(g) (with art. 6(1))2 Sale of Goods Act 1979 (c. 54)Part II Formation of the ContractDocument Generated: 2021-03-25 Changes to legislation : Sale of Goods Act 1979 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appearin the content and are referenced with annotations. (See end of Document for details) View outstanding changesPART IIFORMATION OF THE CONTRACTC ontract of sale2 Contract of sale.

4 (1)A contract of sale of Goods is a contract by which the seller transfers or agrees totransfer 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 sellerto 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 placeat a future time or subject to some condition later to be fulfilled the contract is calledan agreement to sell.

5 (6)An agreement to sell becomes a sale when the time elapses or the conditions arefulfilled subject to which the property in the Goods is to be to buy and sell.(1)Capacity to buy and sell is regulated by the general law concerning capacity to contractand to transfer and acquire property.(2)Where necessaries are sold and delivered [F2to a minor or] to a person who by reasonof [F3mental incapacity or] drunkenness is incompetent to contract, he must pay areasonable price for them.(3)In subsection (2) above necessaries means Goods suitable to the condition in life ofthe [F2 minor or other] person concerned and to his actual requirements at the time ofthe sale and AmendmentsF2 Words in s.

6 3(2)(3) repealed (S.) ( ) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF49:8), ss. 10, 11(2), Sch. 2F3 Words in s. 3(2) ceased to have effect ( ) ( ) by Mental Capacity Act 2005 (c. 9), (1), 68, Sch. 6 para. 24 (with ss. 27-29, 62); 2007/1897, art. 2(1)Formalities of contract4 How contract of sale is made.(1)Subject to this and any other Act, a contract of sale may be made in writing (eitherwith or without seal ), or by word of mouth, or partly in writing and partly by word ofmouth, or may be implied from the conduct of the of Goods Act 1979 (c. 54)Part II Formation of the ContractDocument Generated: 2021-03-253 Changes to legislation : Sale of Goods Act 1979 is up to date with all changes known to be in force on or before 25 March 2021.

7 There are changes that may be brought into force at a future date. Changes that have been made appearin the content and are referenced with annotations. (See end of Document for details) View outstanding changes(2)Nothing in this section affects the law relating to matter of contract5 Existing or future Goods .(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 himafter 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 sellerdepends on a contingency which may or may not happen.

8 (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 which have there is a contract for the sale of specific Goods , and the Goods without theknowledge of the seller have perished at the time when the contract is made, thecontract is perishing before sale but after agreement to there is an agreement to sell specific Goods and subsequently the Goods , withoutany fault on the part of the seller or buyer, perish before the risk passes to the buyer,the agreement is price8 Ascertainment of price.(1)The price in a contract of sale may be fixed by the contract, or may be left to be fixedin a manner agreed by the contract, or may be determined by the course of dealingbetween the parties.

9 (2)Where the price is not determined as mentioned in sub-section (1) above the buyermust pay a reasonable price.(3)What is a reasonable price is a question of fact dependent on the circumstances ofeach particular to sell at valuation.(1)Where there is an agreement to sell Goods on the terms that the price is to be fixedby the valuation of a third party, and he cannot or does not make the valuation, theagreement is avoided; but if the Goods or any part of them have been delivered to andappropriated by the buyer he must pay a reasonable price for them.(2)Where the third party is prevented from making the valuation by the fault of the selleror buyer, the party not at fault may maintain an action for damages against the partyat of Goods Act 1979 (c.)

10 54)Part II Formation of the ContractDocument Generated: 2021-03-25 Changes to legislation : Sale of Goods Act 1979 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appearin the content and are referenced with annotations. (See end of Document for details) View outstanding changes[F4 Implied terms etc.]Textual AmendmentsF4 Heading preceding ss. 10-14 substituted ( ) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(10)(with s. 8(3)).10 Stipulations about time.(1)Unless a different intention appears from the terms of the contract, stipulations as totime of payment are not of the essence of a contract of sale.