Sale of Goods

Title Retention

Overview Retention of title is of immense practical importance. If facilitates security for credit granted when goods are sold on credit. Where the goods are sold on credit, and the buyer fails or refuses to pay or becomes insolvent, then the seller cannot reclaim the goods.… Read the rest

Title

Implied terms on Title In every sale of goods contract, there is an implied condition that the seller has the right to sell. There is a further warranty that the goods will remain free from any charge or incumbrance, not disclosed to the buyer before the contract is made. … Read the rest

Seller’s Remedies

Seller’s Remedies If the buyer refuses to accept the goods, the seller can sue for breach of contract. This is generally the difference between the market price of the goods and the sale price. If the title has not passed, the seller may be able to recover the goods by reason of his property rights under the civil law of detinue. … Read the rest

Scope

Scope of the Act The Sale of Goods 1893 was a codification of the pre-existing law. In this respect, it is similar to the Partnership Act and the Bill of Exchange Act. The courts regard it as a complete code of the law.… Read the rest

Risk

Risk Risk in the context of the Sale of Goods legislation refers to the risk of physical damage to or destruction of the goods. Typically, such risks arise from accidental causes, against which it is possible to insure.… Read the rest

Overview

Overview The Sale of Goods legislation codified and supplemented the general rules of contract law in relation to the sale of goods and the supply of services. The original 1893 legislation focused primarily on the mechanics of sale, such as payment of the price, delivery, the passing of property, delivery and rights to recover price. … Read the rest

Misleading Marketing

Overview I As misleading and inappropriate marketing communications and comparative advertising may distort the Single Market, they are regulated at the EU level. Earlier Misleading Advertising Directives were updated by the Unfair Commercial Practices Directive 2005 and the Misleading and Comparative Advertising Directive 2006.… Read the rest

Limiting Rights

Restrictions on Statutory Rights The Sale of Goods Act limits a business’ ability to exclude liability for the implied statutory terms in relation to the sale of goods and supply of services. The buyer’s rights may be varied in the case of a non-consumer sale, provided that this is reasonable.… Read the rest

Late Payments

EU Late Payment Regulations It is possible for a contract to provide for a rate of interest on sums of money that are overdue. Provided that this is not a penalty, it will be generally enforceable. … Read the rest

Guarantees

Contractual Rights Regarding the Goods A sale of goods contract incorporates implied terms and conditions relating to the quality of the goods supplied. In the case of goods, liability on the various warranties is unconditional. It is not enough that the seller or manufacturer has used best technology or have taken all due care.… Read the rest