xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part VIIE+W+S+N.I. Supplementary

55 Exclusion of implied terms.E+W+S+N.I.

(1)Where a right, duty or liability would arise under a contract of sale of goods by implication of law, it may (subject to the M1Unfair Contract Terms Act 1977) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract.

[F1(1A)Subsection (1) does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 31 of that Act).]

(2)An express [F2term] does not negative a [F2term] implied by this Act unless inconsistent with it.

(3)Paragraph 11 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, and paragraph 12 in relation to one made before 18 May 1973.

Annotations:

Amendments (Textual)

F2Words in s. 55(2) substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(8) (with s. 8(3)).

Marginal Citations

56 Conflict of laws.E+W+S+N.I.

Paragraph 13 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, so as to make provision about conflict of laws in relation to such a contract.

57 Auction sales.E+W+S+N.I.

(1)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; and until the announcement is made any bidder may retract his bid.

(3)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.

(4)Where a sale by auction is not notified to be subject to a right to bid by or on behalf of the seller, it is not lawful for the seller to bid himself or to employ any person to bid at the sale, or for the auctioneer knowingly to take any bid from the seller or any such person.

(5)A sale contravening subsection (4) above may be treated as fraudulent by the buyer.

(6)Where, in respect of a sale by auction, a right to bid is expressly reserved (but not otherwise) the seller or any one person on his behalf may bid at the auction.

58 Payment into court in Scotland.E+W+S+N.I.

[F3(1)]In Scotland where a buyer has elected to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for damages, he may, in an action by the seller for the price, be required, in the discretion of the court before which the action depends, to consign or pay into court the price of the goods, or part of the price, or to give other reasonable security for its due payment.

[F4(2)This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 27 of that Act).]

59 Reasonable time a question of fact.E+W+S+N.I.

Where a reference is made in this Act to a reasonable time the question what is a reasonable time is a question of fact.

60 Rights etc. enforceable by action.E+W+S+N.I.

Where a right, duty or liability is declared by this Act, it may (unless otherwise provided by this Act) be enforced by action.

61 Interpretation.E+W+S+N.I.

(1)In this Act, unless the context or subject matter otherwise requires,—

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A thing is deemed to be done in good faith within the meaning of this Act when it is in fact done honestly, whether it is done negligently or not.

(4)A person is deemed to be insolvent within the meaning of this Act if he has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they become due, [F14whether he has committed an act of bankruptcy or not,][F15and whether he has become a notour bankrupt or not].

(5)Goods are in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them.

F16( 5A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)As regards the definition of “business” in subsection (1) above, paragraph 14 of Schedule 1 below applies in relation to a contract made on or after 18 May 1973 and before 1 February 1978, and paragraph 15 in relation to one made before 18 May 1973.

Annotations:

Amendments (Textual)

F5Definition of "bulk" in s. 61(1) inserted (19.9.1995) by 1995 c. 28, ss. 2(a), 3(2).

F6Words in s. 61(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 35(2)(a); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F7Words in the definition of "delivery" in s. 61(1) added (19.9.1995) by 1995 c. 28, ss. 2(b), 3(2).

F8Words in the definition of "goods" in s. 61(1) added (19.9.1995) by 1995 c. 28, s. 2(c), 3(2).

F9Word in s. 61(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 35(2)(b); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F10Word in s. 61(1) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1 para. 35(2)(c); S.I. 2015/1630, art. 3(g) (with art. 6(1))

F11Definition of "quality" in s. 61(1) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 5(9)(a)(ii), Sch. 3 (with s. 8(3)).

F12Words in the definition of "specific goods" in s. 61(1) added (19.9.1995) by 1995 c. 28, ss. 2(d), 3(2).

F13S. 61(2) repealed (3.1.1995) by 1994 c. 35, ss. 7, 8(2), Sch. 2 para. 5(9)(b), Sch. 3 (with s. 8(3)).

Marginal Citations

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 [F17legislation including this Act and the Consumer Rights Act 2015], 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 M4Sale 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 F18. . . in Scotland.

Annotations:

Amendments (Textual)

Marginal Citations

63 Consequential amendments, repeals and savings.E+W+S+N.I.

(1)Without prejudice to section 17 of the M5Interpretation Act 1978 (repeal and re-enactment), the enactments mentioned in Schedule 2 below have effect subject to the amendments there specified (being amendments consequential on this Act).

(2)The enactments mentioned in Schedule 3 below are repealed to the extent specified in column 3, but subject to the savings in Schedule 4 below.

(3)The savings in Schedule 4 below have effect.

Annotations:

Marginal Citations

64 Short title and commencement.E+W+S+N.I.

(1)This Act may be cited as the Sale of Goods Act 1979.

(2)This Act comes into force on 1 January 1980.