Contracts of Sale of Goods: Perishing Goods, Implied Warranties, and Delivery, Exams of Law

Download Contracts of Sale of Goods: Perishing Goods, Implied Warranties, and Delivery and more Exams Law in PDF only on Docsity! Sale of Goods Act, 1893. 56 & 57 VIcT. Ci-i. 71. ARRANQEMENT OF SECTIONS. PART I. FORMATION OF THE CONTRACT. Contract of Sale. Section. i. Sale and agreement to sell. 2. Capacity to buy and sell. Formalities of the Contract. 3. Contract of sale, how made. 4. Contract of sale for ten pounds and upwards. Subject matter of Contract. 5. Existing or future goods. 6. Goods which have perished. Goods perishing before sale but after agreement to sell. The Price. 8. Ascertainment of price. 9. Agreement to sell at valuation. Conditions and Warranties. Stipulations as to time. When condition to be freated as warranty. 12. Implied undertaking as to title, &c. 13. Sale by description. 14. Implied conditions as to quality or fitness. Sale by Sample. 15. Sale by sample. PART II. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. i6. Goods must be ascertained. 17. Property passes when intended to pass. i8. Rules for ascertaining intention. 19. Reservation of right of disposal. 20. Risk prima facie passes with property. A Cii. 71. Sale of Goods Act, 1893. 56 & 57 VICT. Transfer of Title. Section. 21. Sale by person not the owner. 22. Market overt. 23. Sale under voidable title. 24. Revesting of property in stolen goods on conviction of offender. 25. Seller or buyer in possession after sale. 25. Effect of writs of execution. PART III. PERFORMANCE OF THE CONTRACT. 27. Duties of seller and buyer. 28. Payment and delivery are concurrent conditions. 29. Rules as to delivery. 30. Delivery of wrong quantity. 31. Instalment deliveries. 32. Delivery to carrier. 33. Risk where goods are delivered at distant place. 34. Buyer's right of examining the goods. 35. Acceptance. 36. Buyer not bound to return rejected goods. 37. Liability of buyer for neglecting or refusing delivery of goods. PART IV. RIGHTS OF UNPAID SELLER AGAINST THE GOODS. 38. Unpaid seller defined. 39. Unpaid seller's rights. 40. Attachment by seller in Scotland. Unpaid Seller's Lien. 41. Seller's lien. 42. Part delivery. 43. Termination of lien. Stoppage in Transitu. 44. Right of stoppage in transitu. 45. Duration of transit. 46. How stoppage in transitu is effected. Re-sale by Buyer or Seller. 47. Effect of sub-sale or pledge by buyer. 48. Sale not generally rescinded by lien or stoppage in transitu. 11 56 & 57 VIcT. Sale of Goods Act, 1893. CII. 71. An Act for codifying the Law relating to the Sale of Goods. [20th February, 18941 B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, follows: PART I. FORMATION OF THE CONTRACT. Contract of Sale. 1.—(i) A contract of sale of goods is a contract whereby Sale and The seller transfers or agrees to transfer the property in goods agreement to the buyer for a money consideration, called the price, to sell. There may be a contract of sale between one part owner another. (2) A contract of sale may be absolute or conditional. Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell. An agreement to sell becomes a sale when the time or the conditions are fulfilled subject to which the property in the goods is to be transferred. 2. Capacity to buy and sell is regulated by the general Capacity to law concerning capacity to contract, and to transfer and buy and sell. ;acquire property: A2 I CHAPTER 71. CH. 7t. Sale of Goods Act, 1893. 56 & 57 VIcT. PART I. Provided that where necessaries are sold and delivered to an infant, or minor, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries in this section mean goods sthtable to the condition in life of such infant or minor or other person, and to his actual requirements at fhe time of the sale and delivery. Formalities of the Contract. Contract of 3. Subject to the provisions of this Act and of any statute sale, how in that behalf, a contract of sale may be made in writing made. (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties. Provided that nothing in this section shall affect the law relating to corporations. Contract of 4.—(i) A contract for the sale of any goods of the value sale for ten of ten pounds or upwards shall not be enforceable by action pounds and unless the buyer shall accept part of the goods so sold, and upwards. actually receive the same, or give something in earnest t bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf. (2) The provisions of this section apply to every such contract, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a pre-existing contract of sale whether there be an acceptance in performance of the contract or not. The provisions of this section do not apply to Scotland. Subject matter of Contract. or 5.—(i) The goods which form the subject of a contract future goods. of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Act called " future goods." (2) There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency which may or may not happen. 56.& 57 VICT. Sale of Goods Act, 1893. CH 71. Where by a contract of sale the seller purports to effect PART I. a present sale of future goods, 'the contract operates as an cont. agreement to sell the goods. 6. Where there is a contract for the sale of specific goods, Goods which have perished.and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void. 7. Where there is an agreement to sell specific goods, and Goods perish- subsequently the goods, without any fault on the part of sale the seller or buyer, perish before the risk passes to the buyer, agreement the agreement is thereby avoided, to sell. The Price. 8.—(i) The price in a contract of sale may be fixed by Ascertainment the contract, or may be left to be fixed in manner thereby 0 price. agreed, or may be determined by the course 'of dealing between the parties. (2) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question 'of fact depen- dent on the circumstances of each particular case. 9.—(i) Where there is an agreement to sell goods on the Agreement terms that the price is to be fixed by the valuation of a third party, and such third party cannot or does not make such valuation, the agreement is avoided; provided that if the goods or any part thereof have been delivered to and appro- priated by the buyer he 'must pay a reasonable price therefor. (2) W'here such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. Conditions and Warranties. 1O.—(i) Unless a different intention appears from the terms Stipulations 'of the contract stipulations as to time of payment are not as to time. deemed to be of the essence of a contract of sale. Whether any other stipulation 'as to time is of the essence 'of the contract or not depends on the terms of the contract. (2) In a contract of sale "'month " means prima facie calendar month. 11.—(i) In England or Ireland— When con- (a) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer 'may waive warranty. the •condition, or may elect to treat the breach of such condition as a breach of warranty, and not as a ground for treating contract as repudiated: A3 3 CH. 71. Sale of Goods Act, 1893. 56 & 57 VIcT PART II. EFFECTS OF THE CONTRACT. Transfer of Property as between Seller and Buyer. Goods must be 16. Where there is a contract for the sale of unascertained ascertained, goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. Property Where there is a contract for the sale of specific passes when or ascertained goods the property in them is transferred tointended to pass the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of the case. Rules for 18. Unless a different intention appears, the following are ascertaining rules for ascertaining the intention of the parties as to the intention, time at which the property in the goods is to pass to the buyer. Rule i.—Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed. Rule 2.—Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods, for the purpose of putting them into a deliverable state, the property does not pass until such thing be done, and the buyer has notice thereof. Rule 3.—Where there is a contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing be done, and the buyer has notice thereof. Rule 4.—When goods are delivered to the buyer on approval or " on sale or return " or other similar terms the property therein passes to the. buyer : — (a) When he signifies his approval or accept- ance to the seller or does any other act adopting the transaction: (b) If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time 6 56 & 57 VICT. Sale of Goods Act, 1893. Cii. 71. has been fixed for the return of the goods, on the PART IL expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time, What is a reasonable time is a question of fact. Rule 5.—(i) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made. (2) Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. 19.—(i) Where there is a contract for the sale of specific Reservation goods or where goods are subsequently appropriated to the of right at contract, the seller may, by the terms of the contract or disposal. appropriation, reserve the right of disposal of the goods until conditions are fulfilled. In such case, notwithstand- ing the delivery of the goods to the buyer, or to a carrier or other bailee or custodier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled. (2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal. Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him. 20. Unless otherwise agreed, the goods remain at the Risk prima seller's risk until the property therein is transferred to the facie passes buyer, but when the property therein is transferred to the with property. buyer, the goods are at the buyer's risk whether delivery has been made or not. 7 Cii. 71. Sale of Goods Act, 1893. 56 & 57VICT. PART II. Provided that where delivery has been delayed through the —cont. fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party. Transfer of Title. Sale by person 21.—(i) Subject to the provisions of this Act, where goods not the owner, are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. (2) Provided also that nothing in this Act shall affect— (a) The provisions of the Factors Acts, or any enact- ment enabling the apparent owner of goods to dis- pose of them as if he were the true owner thereof; (b) The validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. Market overt. 22.—(i) Where goods are sold in market overt, according to the usage of the -market, the buyer acquires a good title to the goods, provided he buys them in good faith and with- out notice of any defect or want of title on the part of the seller. - (2) Nothing in this section shall affect the law relating to the sale of horses. The provisions of this section do not apply to Scotland. Sale under 23. When the seller of goods has a voidable title thereto, voidable title, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title. Revestiug of 24.—(i) Where goods have been stolen and the offender property in is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner of the goods, offender, or his personal representative, notwithstanding any inter- mediate dealing with them, whether by sale in market overt or otherwise. (2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrongful means not amounting to larceny, the property in such goods shall 8 56 & 57 VIcT. Sale of Goods Act, 1893. CH. 71. Where the seller delivers to the buyer the goods he PART III. contracted to• sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole. The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties. 31.—(i) Unless otherwise agreed, the buyer of goods is not Instalment bound to accept delivery thereof by instalments, deliveries. (2) Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case, whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensa- tion but not to a right to treat the whole contract as repudiated. 32.—(i) Where, in pursuance of a contract of sale, the seller Delivery to is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature Of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages. Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such sea transit. 33. Where the seller of goods agrees to deliver them at Risk where his own risk at a place other than that where they are when goods are sold, the buyer must, nevertheless, unless otherwise agreed, delivered at distant place.take any risk of deterioration in the goods necessarily incident to the course of transit. II CH. 71. Sale of Goods Act, 1893. 56 & 57 VICT. PART III. 34.—(i) Where goods are delivered to the buyer, which —cont. he has not previously examined, he is not deemed to have Buyer's right accepted them unless and until he has had a reasonable of examining opportunity of examining them for the purpose of ascertain- the goo S. ing whether they are in conformity with the contract. (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract. Acceptance. 35. The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them. Buyer not 36. Unless otherwise agreed, where goods are delivered to to the buyer, and he refuses to accept them having the right rejected goods. so to do, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them. Liability of 37. When the seller is ready and willing to deliver the buyer fpr goods, and requests the buyer to take delivery, and the buyerneglecting or refusing does not within a reasonable time after such request take delivery of delivery of the goods, he is liable to the seller for any loss goods. occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amotmts to a repudiation of the contract. PART IV. RIGHTS OF UNPAID SELLER AGAINST THE Goons. Unpaid seller 38.—(i) The seller of goods is deemed to an " unpaid defined, seller " within the meaning of this Act— (a) When the whole of the price has not been paid or tendered; (b) When a bill of exchange or other negotiable instru- ment has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instru- ment or otherwise. (2) In this Part of this Act the term " seller " includes any person who is in the position of a seller, as, for instance, 12 56 & 57 VIcT. Sale of Goods Act, 1893. Cii. 71. an agent of the seller to whom the bill of lading has been in- PART IV. dorsed, or a consignor or agent who has himself paid, or is —coni. directly responsible for, the price. 39.—(i) Subject to the provisions of this Act, and of any Unpaid seller's statute in that behalf, notwithstanding that the property in rights. the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law— (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (c) A right of re-sale as limited by this Act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive • with his rights of lien and stoppage in transitu where the property has passed to the buyer. 40. In Scotland a seller of goods may attach the same Attachment while in his own hands or possession by arrestment or by seller in poinding; and such arrestment or poinding shall have the Scotland. same operation and effect in a competition or otherwise as an arrestment or poinding by a third party. Unpaid Seller's Lien. 41.—(i) Subject to the provisions of this Act, the unpaid Seller's lien. seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely; — (a) Where the goods have been sold without any stipula- lion as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; (c) Where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee or custodier for the buyer. 42. Where an unpaid seller has made part delivery of the Part delivery. goods, he may exercise his right of lien or retention on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention. 43.—(i) The unpaid seller of goods loses his lien or right Termination of retention thereon— of. lien. (a) When he delivers the goods to a carrier or other bailee or custodier for the purpose of transmission to the buyer without reserving the right of disposal of the goods; '3 Cii. 71. Sale of Goods Act, 1893. 56 & 57 VIcT. PART IV. Where the seller expressly reserves the right of re- —cont. sale in case the buyer should make default, and on the buyer making default, re-sells the goods, the original con- tract of sale is thereby rescinded, but without prejudice to any claim the seller may have for damages. PART V. ACTIONS FOR BREACH OF THE CONTRACT. Remedies of the Seller. Action for 49.—(i) Where, under a contract of sale, the property price, in the goods has passed to the buyer, and the buyer wrong- fully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against him for the price of the goods. (2)' Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract. (3) Nothing in this section shall prejudice the right of the seller in Scotland to recover interest on the price from the date of tender of the goods, or from the date on which the price was payable, as the case may be. Damages 50.—(i) Where the buyer wrongfully neglects or refuses for non- to accept and pay for the goods, the seller may maintain an acceptance. action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract. Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current, price at the time or times when the goods ought to have been accepted or, if no time was fixed for acceptance, then at the time of the refusal to accept. - Remedies of the Buyer. Damages for 51.—(i) Where the seller wrongfully neglects or refuses to non-delivery, deliver the goods to the buyer, the buyer may maintain an action against the seller for damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract. Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times i6 56 & 57 VICT. Sale of Goods Act, 1893. CR. 71. when they ought to have been delivered, or, if no time was PART V. fixed, then at the time of the refusal to deliver. 52. In any action for breach of contract to deliver specific Specific per- or ascertained goods the court may, if it thinks fit, on the formance. application of the plaintiff, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The judgment or decree may be un- conditional, or upon such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just, and the application by the plaintiff may be made at any time before judgment or decree. The provisions of this section shall be deemed to be supple- mentary to, and not in derogation of, the right of specific implement in Scotland. 53.—(i) Where there is a breach of warranty by the seller, Remedy for or where the buyer elects, or is compelled, to treat any breach breach of of a condition on the part of the seller as a breach warranty. of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may (a) set up against the seller the breach of warranty in diminution or extinction of the price; or (b) maintain an action against the seller damages for the breach of warranty. (z) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. In the case of breach of warranty of quality such loss is facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage. Nothing in this section shall prejudice or affect the buyer's right of rejection in Scotland as declared by this Act. 54. Nothing in this Act shall affect the right of the buyer Interest and or the seller to recover interest or special damages in any case special where by law interest or special damages may be recoverable, damages. or to recover money paid where the consideration for the payment of it has failed. PART VI. SUPPLEMENTARY. 55. Where any right, duty, or liability would arise under a Exclusion of contract of sale by implication of law, it may be negatived or implied terms varied by express agreement or by the course of dealing A4 17 Ci-i. 71. Sale of Goods Act, 1893. 56 & 57 VIcT. PART VI. between the parties, or by usage, if the usage be such as to —cont. bind both parties to the contract. Reasonable 56. Where, by this Act, any reference is made to a reason- time a able time the question what is a reasonable time is a question question of fact. 0 ac Rights, &c., 57. Where any right, duty, or liability is declared by this enforceable Act, it may, unless otherwise by this Act provided, be by action, enforced by action Auction sales. 58. In the case of a sale by auction— (i) Where goods are put up for sale by auction in lots, each lot is prima 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 an- nouncement is made any bidder may retract his bid: 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: A sale by auction may be notified to be subject to a reserve 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 other- wise, the seller, or any one person on his behalf, may bid at the auction. Payment into 59. Iii Scotland where a buyer has elected to accept goods court in which he might have rejected, and to treat a breach of con- bhfwhen tract as only giving rise to a claim for damages, he may, in warranty an action by the seller for the price, be required, in the alleged, discretion of the court before which the action depends, to consign or pay into court the price of the goods, or part thereof, or to give other reasonable security for the due pay- ment thereof. Repeal. 60. The enactments mentioned in the schedule to this Act are hereby repealed as from the commencement of this Act to the extent in that schedule mentioned. Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title or Is 56 & VIcT. Sale of Goods Act, 1893. CH. '11. SCHEDULE. Section6o. This schedule is to be read as referring to the revised edition of the statutes prepared under the direction of the Statute Law Committee. ENACTMENTS REPEALED. Session and Chapter. Title of Act and Extent of Repeal. I Jac. i. C. 21 - - An Act against brokers. The whole Act. 29 Cha, 2. c. 3 - - An Act for the prevention of frauds and pen uries. In part ; that is to say, sections fifteen and sixteen.* 9 Geo. 4. C. 14 - - An Act for rendering a written memo- randum necessary to the validity of certain promises and engagements. In part; that is to say, section seven. 19 & 20 Vict. c. 6o - The Mercantile Law Amendment (Scotland) Act, i856. In part ; that is to say, sections one, two, three, four, and five. ig & 20 Vict. C. 97 - The Mercantile Law Amendment Act, 1856. In part; that is to say, sections one and two. * Commonly cited as sections sixteen and seventeen. PRINTED HY SIR NORMAN GIBB SCORGIE, C.V.O., C.B.E. Controller of His Majesty's Stationery Office and King's Printer of Acts of Parliament Cii. 71. Sale of Goods Act, 1893. 56 & 57 Vic'r. To be pngchased directly from H.M. STATIONERY OFFICE at the following s,ddresses: York House, Kingsway, London, W.C.z; Castle Street, Edinburgh, 2 39-42 -Ring Street, Manchester, z ; i St. Andrew's Crescent, Cardiff Tower Lane, Bristol, i 8o Chichester Street, Belfast OR 'J'EROUGH ANY BOOKSELLER (71266) ISBN 0 10 850177 9