Scope
Sale of Goods Act
SALE OF GOODS ACT 1893
REVISED
Updated to 30 June 2016
An Act for codifying the Law relating to the Sale of Goods [1]. [20th February 1894.]
Annotations:
Modifications (not altering text):
C1
Relationship between Act and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 explained (22.01.2003) by European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003), reg. 3.
Relationship between Regulations and consumer protection enactments.
3. (1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and not in substitution for, any other enactment relating to the sale of goods or the terms of contracts concluded with consumers, and in particular —
(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,
and
(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995).
(2) In particular, Regulation 4 is in addition to, and not in substitution for, a provision of any other enactment that provides that a consumer shall not be deprived, by virtue of a choice of the kind mentioned in that Regulation, of the protection afforded by any enactment.
(3) In a case where the level of protection for the consumer afforded by a particular provision of these Regulations is greater than that afforded by a particular provision of another enactment, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —
(a) the consumer may opt to invoke the particular provision of these Regulations to the exclusion of the other provision, and
(b) the other provision may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,
but nothing in this paragraph operates to extend the application of these Regulations to a person who is not a consumer within the meaning of these Regulations or to goods that are not consumer goods within the meaning of these Regulations.
(4) In a case where the level of protection for the consumer afforded by a particular provision of any other enactment is greater than that afforded by a particular provision of these Regulations, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —
(a) the consumer may opt to invoke the particular provision of that other enactment to the exclusion of the other provision of these Regulations, and
(b) that other provision of these Regulations may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,
but nothing in this paragraph operates to afford to any person the protection of that provision of the other enactment in any case where it would not otherwise be so afforded.
C2
Application of Act restricted (1.05.1991) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other than carriage between the State and the United Kingdom of Great Britain and Northern Ireland).
Application of certain enactments in relation to CMR.
3.— …
(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854, the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, shall not apply in relation to contracts for the carriage of goods if the carriage is carriage in relation to which CMR applies.
…
C3
Enforcement of Act affected (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 55, as substituted (25.01.1988) by Restrictive Practices (Amendment) Act 1987 (31/1987) s. 32, S.I. No. 2 of 1988.
Functions of Director of Consumer Affairs.
55.—(1) The Director of Consumer Affairs and Fair Trade shall have the following additional functions—
(a) to keep under general review practices or proposed practices in relation to any of the obligations imposed on persons by any provision of this Act or the Act of 1893,
(b) to carry out examinations of any such practices or proposed practices where the Director considers that, in the public interest, such examinations are proper or the Minister so requests,
(c) to request persons engaging in or proposing to engage in such practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893 to discontinue or refrain from such practices,
(d) to institute proceedings in the High Court for orders requiring persons engaging or proposing to engage in any practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893, to discontinue or refrain from such practices.
(2) The Minister may by order confer on the Director of Consumer Affairs and Fair Trade such further functions as he considers appropriate for the purposes of this Act.
C4
Act included in collective citation and construction (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9, commenced as per s. 1(2).
Citation and construction of Part II.
9.—(1) The Act of 1893 and this Part may be cited together as the Sale of Goods Acts, 1893 and 1980.
(2) The Act of 1893 and this Part shall be construed as one.
Acts included or previously included in the collective citation and construction:
• Sale of Goods and Supply of Services Act 1980 (16/1980), Part II, (31.12.1980) by s. 9, commenced on enactment.
• Sale of Goods Act 1893 (56 & 57 Vict. c. 71) (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9, commenced on enactment.
C5
Term “dealing as consumer” defined (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 3, commenced as per s. 1(2).
Dealing as consumer.
3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—
(a) he neither makes the contract in the course of a business nor holds himself out as doing so, and
(b) the other party does make the contract in the course of a business, and
(c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.
(2) On—
(a) a sale by competitive tender, or
(b) a sale by auction—
(i) of goods of a type, or
(ii) by or on behalf of a person of a class
defined by the Minister by order,
the buyer is not in any circumstances to be regarded as dealing as consumer.
(3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.
C6
Application of Act extended (9.07.1980) by Trading Stamps Act 1980 (23/1980), s. 8, commenced on enactment.
Application of Sale of Goods Act, 1893, and Sale of Goods and Supply of Services Act, 1980.
8.—(1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, the publication by a company which is the promoter of a trading stamp scheme of a catalogue shall be regarded as an offer, and the tender within the prescribed period of validity of the appropriate number of stamps shall be regarded as an acceptance, in the same way as if the offer and the acceptance were for a monetary consideration.
(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in every case where the promoter of a trading stamp scheme offers goods or services in exchange for trading stamps.
(3) Where a person other than a promoter of a trading stamp scheme offers goods or services in exchange for trading stamps, the provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the same way as if that exchange were for a monetary consideration.
F15[Conflict of laws.
55A.—Where the proper law of a contract of sale of goods would, apart from a term that it should be the law of some other country or a term to the like effect, be the law of Ireland or where any such contract contains a term which purports to substitute, or has the effect of substituting, provisions of the law of some other country for all or any of the provisions of sections 12 to 15 and 55 of this Act, those sections shall, notwithstanding that term but subject to section 61 (6) of this Act, apply to the contract.]
Annotations:
Amendments:
F15
Inserted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 23, commenced as per s. 1(2).
Reasonable time a question of fact.
56.—Where, by this Act, any reference is made to a reasonable time the question what is a reasonable time is a question of fact.
Rights, &c. enforceable by action.
57.—Where any right, duty, or liability is declared by this Act, it may, unless otherwise by this Act provided, be enforced by action.
Auction sales.
58.—In the case of a sale by auction—
(1) Where goods are put up for sale by auction in lots, each lot is primâ facie deemed to be the subject of a separate contract of sale:
(2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid:
(3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person: Any sale contravening this rule may be treated as fraudulent by the buyer:
(4) A sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.
Savings.
61.—(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Act contained.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Act or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Act.
(4) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
(5) Nothing in this Act shall prejudice or affect the landlord’s right of hypothec or sequestration for rent in Scotland.
F17[(6) (a) Nothing in section 55 or 55A of this Act shall prevent the parties to a contract for the international sale of goods from negativing or varying any right, duty or liability which would otherwise arise by implication of law under sections 12 to 15 of this Act.
(b) In this subsection ‘contract for the international sale of goods’ means a contract of sale of goods made by parties whose places of business (or, if they have none, habitual residences) are in the territories of different States and in the case of which one of the following conditions is satisfied:
(i) the contract involves the sale of goods which are at the time of the conclusion of the contract in the course of carriage or will be carried from the territory of one State to the territory of another; or
(ii) the acts constituting the offer and acceptance have been effected in the territories of different States; or
(iii) delivery of the goods is to be made in the territory of a State other than that within whose territory the acts constituting the offer and the acceptance have been effected.]
Annotations:
Amendments:
F17
Inserted (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 24, commenced as per s. 1(2).
Modifications (not altering text):
C16
Application of subs. (6) restricted (22.01.2003) by European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003), reg. 4.
Choice of law provisions.
4.— (1) A consumer shall not be deprived of the protection afforded by these Regulations as a result of his or her choosing as the law applicable to the contract the law of a non-Member State if the contract has a close connection with the territory of the Member States.
(2) Paragraph (1) shall have effect notwithstanding section 61(6) of the Sale of Goods Act 1893.
Interpretation of terms.
52 & 53 Vict. c. 45.
53 & 54 Vict. c. 40.
62.—(1) In this Act, unless the context or subject matter otherwise requires,—
“Action” includes counterclaim and set off, and in Scotland condescendence and claim and compensation:
“Bailee” in Scotland includes custodier:
“Buyer” means a person who buys or agrees to buy goods:
“Contract of sale” includes an agreement to sell as well as a sale:
“Defendant” includes in Scotland defender, respondent, and claimant in a multiplepoinding:
“Delivery” means voluntary transfer of possession from one person to another:
“Document of title to goods” has the same meaning as it has in the Factors Acts:
“Factors Acts” means the Factors Act, 1889, the Factors (Scotland) Act, 1890, and any enactment amending or substituted for the same:
“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” include all chattels personal other than things in action and money, and in Scotland all corporeal moveables except money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale:
“Lien” in Scotland includes right of retention:
“Plaintiff” includes pursuer, complainer, claimant in a multiplepoinding and defendant or defender counter-claiming:
“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 upon at the time a contract of sale is made:
“Warranty” as regards England and Ireland 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.
As regards Scotland, a breach of warranty shall be deemed to be a failure to perform a material part of the contract.
(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 be 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, and whether he has become a notour bankrupt 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.
Number 16 of 1980