OpenLegislation

Sale of Goods Act 1979

1979 c. 54 · Enacted 6 December 1979 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 October 2015.

See the changes not yet applied
ProvisionChangeMade by
s. 3(2)words repealedMental Capacity Act (Northern Ireland) 2016 Sch. 11

An Act to consolidate the law relating to the sale of goods.

[6th December 1979]I1

Annotations to the whole text

Commencement

I1

Act wholly in force at 1.1.1980, see s. 64(2)

Contents

  1. Part I: Contracts to Which Act Applies
  2. 1Contracts to which Act applies.
  3. Part II: Formation of the Contract
  4. Contract of sale
  5. 2Contract of sale.
  6. 3Capacity to buy and sell.
  7. Formalities of contract
  8. 4How contract of sale is made.
  9. Subject matter of contract
  10. 5Existing or future goods.
  11. 6Goods which have perished.
  12. 7Goods perishing before sale but after agreement to sell.
  13. The price
  14. 8Ascertainment of price.
  15. 9Agreement to sell at valuation.
  16. Implied terms etc.
  17. 10Stipulations about time.
  18. 11When condition to be treated as warranty.
  19. 12Implied terms about title, etc.
  20. 13Sale by description.
  21. 14Implied terms about quality or fitness.
  22. Sale by sample
  23. 15Sale by sample.
  24. Miscellaneous
  25. 15AModification of remedies for breach of condition in non-consumer cases.
  26. 15BRemedies for breach of contract as respects Scotland.
  27. Part III: Effects of the Contract
  28. Transfer of property as between seller and buyer
  29. 16Goods must be ascertained.
  30. 17Property passes when intended to pass.
  31. 18Rules for ascertaining intention.
  32. 19Reservation of right of disposal.
  33. 20Passing of risk.
  34. 20AUndivided shares in goods forming part of a bulk.
  35. 20BDeemed consent by co-owner to dealings in bulk goods.
  36. Transfer of title
  37. 21Sale by person not the owner.
  38. 22Market overt.
  39. 23Sale under voidable title.
  40. 24Seller in possession after sale.
  41. 25Buyer in possession after sale.
  42. 26Supplementary to sections 24 and 25.
  43. Part IV: Performance of the Contract
  44. 27Duties of seller and buyer.
  45. 28Payment and delivery are concurrent conditions.
  46. 29Rules about delivery.
  47. 30Delivery of wrong quantity.
  48. 31Instalment deliveries.
  49. 32Delivery to carrier.
  50. 33Risk where goods are delivered at distant place.
  51. 34Buyer’s right of examining the goods.
  52. 35Acceptance.
  53. 35ARight of partial rejection.
  54. 36Buyer not bound to return rejected goods.
  55. 37Buyer’s liability for not taking delivery of goods.
  56. Part V: Rights of Unpaid Seller Against the Goods
  57. Preliminary
  58. 38Unpaid seller defined.
  59. 39Unpaid seller’s rights.
  60. 40Attachment by seller in Scotland. Repealed
  61. Unpaid seller’s lien
  62. 41Seller’s lien.
  63. 42Part delivery.
  64. 43Termination of lien.
  65. Stoppage in transit
  66. 44Right of stoppage in transit.
  67. 45Duration of transit.
  68. 46How stoppage in transit is effected.
  69. Re-sale etc. by buyer
  70. 47Effect of sub-sale etc. by buyer.
  71. Rescission: and re-sale by seller
  72. 48Rescission: and re-sale by seller.
  73. Part 5A: ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES
  74. 48AIntroductory Repealed
  75. 48BRepair or replacement of the goods Repealed
  76. 48CReduction of purchase price or rescission of contract Repealed
  77. 48DRelation to other remedies etc. Repealed
  78. 48EPowers of the court Repealed
  79. 48FConformity with the contract Repealed
  80. Part VI: Actions for Breach of the Contract
  81. Seller’s remedies
  82. 49Action for price.
  83. 50Damages for non-acceptance.
  84. Buyer’s remedies
  85. 51Damages for non-delivery.
  86. 52Specific performance.
  87. 53Remedy for breach of warranty.
  88. 53AMeasure of damages as respects Scotland.
  89. Interest, etc.
  90. 54Interest, etc.
  91. Part VII: Supplementary
  92. 55Exclusion of implied terms.
  93. 56Conflict of laws.
  94. 57Auction sales.
  95. 58Payment into court in Scotland.
  96. 59Reasonable time a question of fact.
  97. 60Rights etc. enforceable by action.
  98. 61Interpretation.
  99. 62Savings: rules of law etc.
  100. 63Consequential amendments, repeals and savings.
  101. 64Short title and commencement.
  102. Schedule 1: Modification of Act for Certain Contracts
  103. Preliminary
  104. 1Paragraph 1
  105. Section 11: condition treated as warranty
  106. 2Paragraph 2
  107. Section 12: implied terms about title etc.
  108. 3Paragraph 3
  109. Section 13: sale by description
  110. 4Paragraph 4
  111. Section 14: quality or fitness (i)
  112. 5Paragraph 5
  113. Section 14: quality or fitness (ii)
  114. 6Paragraph 6
  115. Section 15: sale by sample
  116. 7Paragraph 7
  117. Section 22: market overt
  118. 8Paragraph 8
  119. Section 25: buyer in possession
  120. 9Paragraph 9
  121. Section 35: acceptance
  122. 10Paragraph 10
  123. Section 55: exclusion of implied terms (i)
  124. 11Paragraph 11
  125. Section 55: exclusion of implied terms (ii)
  126. 12Paragraph 12
  127. Section 56: conflict of laws
  128. 13Paragraph 13
  129. Section 61(1): definition of “business” (i)
  130. 14Paragraph 14
  131. Section 61(1): definition of “business” (ii)
  132. 15Paragraph 15
  133. Schedule 2: Consequential Amendments
  134. 1Paragraph 1 Repealed
  135. Law Reform (Frustrated Contracts) Act 1943 (6 & 7 Geo. 6 c. 40)
  136. 2Paragraph 2
  137. Frustrated Contracts Act (Northern Ireland) 1947 (c. 2)
  138. 3Paragraph 3
  139. Hire-Purchase Act 1964 (c. 53)
  140. 4Paragraph 4
  141. Hire-Purchase Act 1965 (c. 66)
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. Hire-Purchase (Scotland) Act 1965 (c. 67)
  146. 8Paragraph 8
  147. 9Paragraph 9
  148. 10Paragraph 10
  149. Hire-Purchase Act (Northern Ireland) 1966 (c. 42)
  150. 11Paragraph 11
  151. 12Paragraph 12
  152. 13Paragraph 13
  153. 14Paragraph 14
  154. Uniform Laws on International Sales Act 1967 (c. 45)
  155. 15Paragraph 15
  156. Supply of Goods (Implied Terms) Act 1973 (c. 13)
  157. 16Paragraph 16
  158. 17Paragraph 17
  159. Consumer Credit Act 1974 (c. 39)
  160. 18Paragraph 18
  161. Unfair Contract Terms Act 1977 (c. 50)
  162. 19Paragraph 19
  163. 20Paragraph 20
  164. 21Paragraph 21
  165. 22Paragraph 22
  166. Schedule 3Repeals
  167. Schedule 4: Savings
  168. Preliminary
  169. 1Paragraph 1
  170. Orders
  171. 2Paragraph 2
  172. Offences
  173. 3Paragraph 3
  174. 1893 Act, section 26
  175. 4Paragraph 4
  176. Things done before 1 January 1894
  177. 5Paragraph 5
  178. 6Paragraph 6