Sale of Goods Act 1893
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The Sale of Goods Act 1893 ( 56 & 57 Vict. c. 71) was an act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
to regulate
contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
s 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 The act was repealed in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
in 1980 and 1982 but remains in force in
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, having been carried over into Irish law following independence.


Background

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'' 9711 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'' 9102 KB 1003, 1012 and adopted by the House of Lords in 911AC 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 The Sale of Goods Act 1979 (c. 54) is an Act of the Parliament of the United Kingdom which regulated English contract law and UK commercial law in respect of goods that are sold and bought. The Act consolidated the original Sale of Goods Act ...
, shares the same structure, phraseology and numbering as the 1893 act.


Repeal

In the United Kingdom, the whole act, except for section 26, was repealed on 1 January 1980 subject to a number of savings, and section 26 was repealed on 1 January 1982. In Ireland, the act remains in operation, although it has been amended on a number of occasions.


See also

* Sale of Goods Act * Sale of Goods and Supply of Services Act 1980 *''Bentsen v Taylor, Sons & Co'' 8932 QB 274, 280, per Bowen LJ adopting the SGA 1893 scheme of conditions and warranties.


Notes


References

{{Authority control United Kingdom Acts of Parliament 1893 Repealed United Kingdom Acts of Parliament Consumer protection legislation English contract law Consumer protection in the United Kingdom Law of the Republic of Ireland