Sale of Goods Act 1908

  • repealed
  • Sale of Goods Act 1908: repealed, on 1 September 2017, by section 345(1)(i) of the Contract and Commercial Law Act 2017 (2017 No 5).
2 Interpretation

(1)

In this Act, if not inconsistent with the context,—

action includes counterclaim and set-off

buyer means a person who buys or agrees to buy goods

contract of sale includes an agreement to sell as well as a sale

delivery means voluntary transfer of possession from one person to another

document of title to goods includes any bill of lading, dock warrant, warehouse keeper’s certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented

fault means wrongful act or default

future goods means goods to be manufactured or acquired by the seller after the making of the contract of sale

goods includes—

(a)

all chattels personal other than money or choses in action; and

(b)

emblements, growing crops, and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale; and

(c)

to avoid doubt, computer software

plaintiff includes defendant counterclaiming

property means the general property in goods, and not merely a special property

quality of goods includes their state or condition

sale includes a bargain and sale, as well as a sale and delivery

seller means a person who sells or agrees to sell goods

specific goods means goods identified and agreed on at the time a contract of sale is made

warranty means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated

writ of execution means any writ of sale, warrant to seize property, or other writ or warrant of execution under which chattels of any kind may be seized or taken to satisfy process issued out of any court.

(2)

A thing is deemed to be done in good faith within the meaning of this Act when it is in fact done honestly, whether it is done negligently or not.

(3)

A person is deemed to be insolvent, within the meaning of this Act, who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not.

(4)

Goods are in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them.

Compare: 1895 No 23 s 2

Section 2(1) goods: replaced, on 8 July 2003, by section 3 of the Sale of Goods Amendment Act 2003 (2003 No 35).

Section 2(1) writ of execution: amended, on 14 April 2014, by section 43 of the District Courts Amendment Act 2011 (2011 No 30).