Sale of Goods Act 1893

The Sale of Goods Act 1893 (56 & 57 Vict. c.71) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which regulated contracts in which goods are sold and bought. Its purpose was to define the rights and duties of the parties (where not expressly defined in the agreement), while specifically preserving the relevance of ordinary contractual principles. The Act remains in force in the Republic of Ireland.[3]

Sale of Goods Act 1893[1]
Long titleAn Act for codifying the Law relating to the Sale of Goods.
Citation56 & 57 Vict. c.71
Territorial extentEngland and Wales; Scotland; Northern Ireland
Dates
Royal assent20 February 1894
Commencement1 January 1894[2]
Other legislation
Repealed bySale of Goods Act 1979 Senior Court Act 1981
Status: Repealed
Text of statute as originally enacted

Background

The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Marine Insurance Act 1906. As noted by Lord Denning MR in The Mihalis Angelos [1971] 1 QB 164 he adopted a division between conditions and warranties in terms of contracts, propounded by Sir Frederick Pollock in his book Formation of Contracts. This was followed by Fletcher Moulton LJ in a celebrated dissent in Wallis, Son & Wells v Pratt & Haynes [1910] 2 KB 1003, 1012 and adopted by the House of Lords in [1911] AC 394.

The Sale of Goods Act 1893 is considered to be classic example of a codifying statute; that is, it draws on established judge-made common law principles and converts them into a more accessible statutory form. This Act of Parliament was so well-drafted that, when it was repealed and reenacted, the successor Sale of Goods Act 1979 was instantly familiar, sharing the same structure, phraseology and even numbering as the 1893 Act.

Repeal

The whole of this Act, except for section 26, was repealed[4] on 1 January 1980,[5] subject to a number of savings.[6]

Section 26 was repealed[7] on 1 January 1982[8]

The 1893 Act is still operative in Ireland, although it has been amended on a number of occasions since it came into force. [9]

See also
  • Sale of Goods Act
  • Bentsen v Taylor, Sons & Co [1893] 2 QB 274, 280, per Bowen LJ adopting the SGA 1893 scheme of conditions and warranties.

Notes
  1. This short title was conferred by the Sale of Goods Act 1893, section 64
  2. The Sale of Goods Act 1893, section 63
  3. (eISB), electronic Irish Statute Book. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie.
  4. The Sale of Goods Act 1979, section 63(2) and Schedule 3
  5. The Sale of Goods Act 1979, section 64(2)
  6. "Sale of Goods Act 1979". www.statutelaw.gov.uk.
  7. The Senior Court Act 1981 section 152(4) ane schedule 7
  8. The Senior Court Act 1981 Section 153(2)
  9. "Irish Statute Book". www.irishstatutebook.ie.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.