PREFACE. THIS Guide contains the text (with slight alterations) of the Sale of Goods Act, 1893; and the substance of the Factor's Act, 1889. Mention has also been made of the old Statutes 31 Eliz. c. 12, and 2 & 3 Phil. & Mary c. 7, in reference to the sale of horses in open market. The latest decisions on the subject of the Sale of Goods are also included. The Author has, in his treatment of the information the little work contains, endeavoured to state the law in a popular manner, and has avoided technicalities as far as possible. LAWRENCE DUCKWORTH. MIDDLE TEMPLE, May, 1900. CONTENTS. CHAPTER I.-Contract of Sale-A consensual Contract-Formation of the Contract-When "" a Contract of Sale includes-Person divests himself of all proprietary rights when he sells goods-Agreement to sell a Contract pure and simple-Quasi-Contract of Sale-Capacity to Contract-Infants, married women, etc., incapable of contracting except for " neces- saries"--Formalities of the Contract of Sale-Written offer to sell goods when accepted-Must be two parties, etc., to Contract-Con- tract to sell goods exceeding 10-When persons entitled to refuse to complete Contract-When Contract for Sale of goods valid page 3 CHAPTER II.—Subject-matter of the Contract of Sale-Contract for Sale of specific goods-The price-What a deposit in regard to Sale means-Agreement to sell goods on terms-Conditions and Warran- ties-Representations made during Contract-Where Contract sub- ject to any condition in England or Ireland-In Scotland-Where person wishes to waive stipulation-In what cases there is an implied Contract of Sale-Contract of Sale by Description-What only necessary for buyer to show when seller warrants-Contract for the Sale of Goods by description-When no implied warranty as to quality or fitness of particular goods-Bargain and sale of specific goods-No implied warranty in English law as to quality of goods- Seller therefore not liable for breach of implied warranty. CHAPTER III.-Doctrine of caveat emptor (let the buyer beware!)— Sale by Sample-Where there is an implied condition in Contract by Sample-Evidence always admissible to prove Custom-Effect of contract of Sale-Transfer of property as between Seller and Buyer -Contract for specific or ascertained Goods-Rules for ascertaining Intention of Parties-Contract made for Specific Thing in existence -When Seller may reserve to himself right of disposal of Specific Goods-Contract of Sale of unascertained Goods-When Goods re- main at seller's risk-The Person who has to bear loss of Goods page 21 CHAPTER IV. -Transfer of title-"No man can transfer better title than he himself has"-When person precluded from denying that certain things exist-Goods sold in market overt (i.e., open market) -When Seller has voidable title-Stolen goods--Term Goods": what it does not include-Person selling goods continuing in posses- CHAPTER V.-Performance of the Contract-Buyer refusing to accept and pay for Goods-Section 17, Statute of Frauds-Goods on board Ship-Where Seller delivers Goods less than he contracted to sell to Buyer-When Buyer not bound to accept delivery of Goods-When Seller under contract authorised or required to send Goods-Delivery of Goods to a Carrier or Wharfinger-Person who instructs Carrier, etc., on behalf of Buyer must make reasonable contract-Carrier agent of Buyer to receive Goods but not to accept them-Where Seller agrees to deliver Goods at his own risk—When Buyer deemed to have accepted Goods-Seller ready and willing to deliver Goods, and Buyer refusing to accept-Consequences page 34 CHAPTER VI.-Rights of Unpaid Seller against the Goods-Meaning of term "Seller" under Section 38 of Sale of Goods Act, 1893Where Property in Goods has not passed to Buyer-Unpaid Seller's lien-Part Delivery-Termination of lien-Right of Stoppage in transitu-Duration of Transit-When Goods deemed to be in Course of Transit-Where Buyer or his Agent obtains Delivery of Goods— Where Carrier or other person having control acknowledges that he holds the Goods-Goods Rejected by the Buyer-Goods delivered to Ship chartered by Buyer-Carrier or other person having control Refusing to Deliver Goods-Where Part Delivery of Goods has been made to Buyer-How Stoppage in transitu is effected-Where Notice of Stoppage in transitu is given by Seller to Carrier-Effect of SubSale or Pledge by Buyer-When Contract of Sale not rescindedWhere Unpaid Seller has exercised his right of lien or retentionWhere Goods of a Perishable Nature-Where Seller expressly reserves the Right of re-Sale page 42 CHAPTER VII.-Remedies of Seller-Action for Price-Where Price payable on Day certain, irrespective of Delivery-Damages for nonAcceptance--Remedies of the Buyer-Damages for non-Delivery— Measure of Damages where there is an available Market for Goods in Question-Specific Performance of contract of Sale-Remedy for Breach of Warranty-Measure of Damages for Breach of Warranty -Buyer setting up Breach of Warranty in Diminution or Extinction of Price-Exclusion of implied Terms and Conditions-Reasonable Time a Question of Fact-Rights, etc., enforceable by Action-Sales by Auction-When Sale by Auction is Complete-Payment into Court in Scotland when Breach of Warranty alleged-Interpretation of terms in Sale of Goods Act, 1893-Provisions of Factors Act, 1889. page 50 |