Sale of Goods Act 1893
| Act of Parliament | |
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| Long title | An Act for codifying the Law relating to the Sale of Goods. |
|---|---|
| Citation | 56 & 57 Vict. c. 71 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 20 February 1894 |
| Commencement | 1 January 1894[b] |
| Repealed | 1 January 1982 |
| Other legislation | |
| Repeals/revokes |
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| Amended by | |
| Repealed by | |
Status: Repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Sale of Goods Act 1893 (56 & 57 Vict. c. 71) was an act of the Parliament of the United Kingdom to regulate contracts in which goods are sold and bought and 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 codified the common law on sale of goods, including the market overt rule.[1]
The act was repealed in the United Kingdom in 1980 and 1982 but remains in force in Ireland, having been carried over into Irish law following independence.[2]
Background
The act was drafted by Sir Mackenzie Chalmers, who later drafted the Marine Insurance Act 1906.[3] 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 act 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. The act's successor in the United Kingdom, the Sale of Goods Act 1979, shares the same structure, phraseology and numbering as the 1893 act.[1]
Subsequent developments
The whole act, except for section 26 (effect of writs of execution), was repealed for the United Kingdom, subject to a number of savings, by section 63(2) of, and schedule 3 to, the Sale of Goods Act 1979, which came into force on 1 January 1980.[4]
Section 26 of the act was repealed for the United Kingdom by section 152(4) of, and schedule 7 to, the Senior Courts Act 1981, which came into force on 1 January 1982.[5]
In Ireland, the act remains in operation, although it has been amended on a number of occasions.[6]
See also
- Sale of Goods Act
- Sale of Goods and Supply of Services Act 1980
- Bentsen v Taylor, Sons & Co [1893] 2 QB 274, 280, per Bowen LJ adopting the SGA 1893 scheme of conditions and warranties.
Notes
References
- 1 2 "Sale Of Goods (Amendment) Bill Hl". Parliamentary Debates (Hansard). Vol. 551. Parliament of the United Kingdom: House of Lords. 12 January 1994. col. 209–223.
- ↑ (eISB), electronic Irish Statute Book. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie.
- ↑ Renton, Rt Hon Sir David (1975). The Preparation of Legislation (PDF).
- ↑ "Sale of Goods Act 1979", legislation.gov.uk, The National Archives, 1979 c. 54
- ↑ "Senior Courts Act 1981", legislation.gov.uk, The National Archives, 1981 c. 54
- ↑ "Irish Statute Book". www.irishstatutebook.ie.
External links
- Text of the Sale of Goods Act 1893 as originally enacted or made within the United Kingdom, from legislation.gov.uk.