Sale of Goods Act 1893

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The Sale of Goods Act 1893[1]
Long title An Act for codifying the Law relating to the Sale of Goods.
Citation 56 & 57 Vict. c.71
Territorial extent England and Wales; Scotland; Northern Ireland
Dates
Royal Assent 20 February 1894
Commencement 1 January 1894[2]
Other legislation
Repealed by Sale of Goods Act 1979 Senior Court Act 1981
Status: Repealed
Text of statute as originally enacted

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.

Background[edit]

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[disambiguation needed] 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 This Act of Parliament was so well-drafted that, when it was repealed and reenacted, the successor Sale of Goods Act 1979 was instantly familiar, sharing the same structure, phraseology and even numbering as the 1893 Act.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[edit]

The whole of this Act, except for section 26, was repealed[3] on 1 January 1980,[4] subject to a number of savings.[5]

Section 26 was repealed[6] on 1 January 1982[7]

See also[edit]

Notes[edit]

  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. ^ The Sale of Goods Act 1979, section 63(2) [1] and Schedule 3 [2]
  4. ^ The Sale of Goods Act 1979, section 64(2) [3]
  5. ^ See schedule 4 of the 1979 Act
  6. ^ The Senior Court Act 1981 section 152(4) ane schedule 7
  7. ^ The Senior Court Act 1981 Section 153(2)

External links[edit]