Sale of Goods Act 1979

62 Savings: rules of law etc. E+W+S+N.I.

(1) The rules in bankruptcy relating to contracts of sale apply to those contracts, notwithstanding anything in this Act.

(2) The rules of the common law, including the law merchant, except in so far as they are inconsistent with the provisions of this Act, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, apply to contracts for the sale of goods.

(3) Nothing in this Act or the M1 Sale of Goods 1893 affects the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed or amended by this Act or that.

(4) The provisions of this Act about contracts of sale do not apply to a transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.

(5) Nothing in this Act prejudices or affects the landlord’s right of hypothec F1 . . . in Scotland.

Annotations:

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Amendments (Textual)

F1 Words in s. 62(5) repealed (S.) (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226(1), 227, Sch. 6 Pt. 1 (with s. 223); S.S.I. 2008/115, art. 3, Sch. 2 (with art. 9)

Marginal Citations

M1 1893 c. 71.