Sale of Goods Act 1893
Encyclopedia
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 contract
s 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.
. 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 This Act of Parliament was so well-drafted that, when it was repealed and reenacted, the successor Sale of Goods Act 1979 was instantly familiar, sharing the same structure, phraseology and even numbering as the 1893 Act.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
which regulated contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s 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.
Background
The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Marine Insurance Act 1906Marine Insurance Act 1906
The Marine Insurance Act 1906 is a UK Act of Parliament regulating marine insurance. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlier drafted the Sale of Goods Act 1893. The Marine Insurance Act 1906 is of huge significance, as it does not merely govern English Law, but...
. 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 on 1 January 1980, subject to a number of savings.See also
- Sale of Goods ActSale of Goods ActSale of Goods Act is a stock short title used for legislation in the United Kingdom relating to the sale of goods.The Bill for an Act with this short title will have been known as a Sale of Goods Bill during its passage through Parliament.Sale of Goods Acts may be a generic name either for...
- Bentsen v Taylor, Sons & Co [1893] 2 QB 274, 280, per Bowen LJ adopting the SGA 1893 scheme of conditions and warranties.
External links
- The Sale of Goods Act 1893, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
.