Sale of Goods Act

Only available on StudyMode
  • Download(s) : 644
  • Published : January 15, 2013
Open Document
Text Preview
SALE OF GOODS ACT, 1962 (ACT 137)

ARRANGEMENT OF SECTIONS

PART I - NATURE AND FORMATION OF THE CONTRACT

1. Contract of sale.
2. Capacity to buy and sell.
3. Contract of sale, how made.
4. Auction sales.
5. Specific and unascertained goods
6. The price.
7. Agreement to sell at valuation.

PART II - DUTIES OF THE SELLER

8. Fundamental obligation of the seller.
9. Implied condition that specific goods are in existence.
10. Implied undertakings as to title.
11. Sale by description.
12. Sale by sample.
13. Quality and fitness of the goods.
14. Quantity of goods.
15. Delivery concurrent with payment.
16. Time of delivery.
17. Cost of putting goods into deliverable state.
18. Means of delivery.
19. Place of delivery.
20. Despatch of goods by carrier.

PART III - DUTIES OF THE BUYER

21. Fundamental obligations of the buyer.
22. Payment concurrent with delivery.
23. Time of payment and accepting delivery.
24. Buyer not bound to accept delivery by instalments.

PART IV - TRANSFER OF PROPERTY AND RISK

25. Goods must be ascertained,
26. When property passes.
27. Transfer of risk.
28. Non-owner cannot generally pass good title.
29. Disposition under voidable title.
30. Disposition by mercantile agent in possession of goods, etc. 31. Disposition by seller in possession.
32. Disposition by buyer in possession.
33. Provisions relating to notice of ownership.

PART V - REMEDIES OF THE SELLER

34. Unpaid seller defined.
35. Unpaid seller's rights.
36. Seller's lien.
37. Termination of lien.
38. Stoppage in transit.
39. Duration of transit.
40. How stoppage in transit is effected.
41. Position as between seller and carrier.
42. Stoppage over goods lost or damaged.
43. Effect of resale or other disposition by buyer.
44. Seller's right to recover possession after delivery.
45. Resale by seller. .
46. Action for price.
47. Damages for non-acceptance.
48. Assessment of damages.

PART VI - REMEDIES OF THE BUYER

49. When buyer has right to reject.
50. Effect of rejection.
51. No rejection after acceptance.
52. Acceptance.
53. Damages for non-delivery.
54. Assessment of damages for non-delivery.
55. Damages for breach of condition or warranty.
56. Assessment of damages under section 55.
57. No forfeiture of sums paid by buyer.
58. Specific performance.

PART VII - C.I.F. AND F.O.B. SALES

59. Parts I to VI to be read subject to this Part.
60. Export and import licences.
61. C.I.F. contracts.
62. F.O.B. contracts.
63. Payment of price by bankers' commercial credit.
64. Meaning of proper shipping documents.
65. Duties under this Part to be construed as conditions.

PART VIII - HIRE-PURCHASE CONTRACTS

66. Formalities relating to hire-purchase contracts.
67. Provision in hire-purchase contract authorising seller to enter buyer's premises to be void. 68. Special provisions as to determination of hire-purchase contracts. 69. Restriction on seller's right to recover possession in hire-purchase contracts. 70. Powers of court in action by seller under hire-purchase contract. 71. Effect of postponement of operation of an order for specific delivery of goods. 72. Assignments contrary to contract.

73. Duty of seller to supply documents and information.
74. Regulations as to hire-purchase contracts.
75. Application of Part VIII.

PART IX - MISCELLANEOUS

76. Variation of rights, duties and liabilities.
77. Reasonable time a question of fact.
78. Application of the Act.
79. Act to bind the Republic.
80. Savings.
81. Interpretation.
82. Repeal.
83. Statutes ceasing to apply.
84. Commencement.

FIRST SCHEDULE
Notice to be included in Note or Memorandum of Hire-purchase Agreement.

SECOND SCHEDULE
Statutes ceasing to apply.

AN ACT to codify with amendments the law relating to the sale and hire purchase of goods.

DATE OF ASSENT: 11th July, 1962

BE IT ENACTED by the President and the National Assembly in this present Parliament...
tracking img