CHAPTER LXXI


56 & 57 Vict. c. 71


SALE OF GOODS ACT 1893

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Sale of Goods Act 1893. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


56 & 57 Vict. c. 71


SALE OF GOODS ACT 1893

REVISED

Updated to 30 June 2016


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Sale of Goods Acts 1893 and 1980 : this Act is one of a group of Acts included in this collective citation, to be construed together as one [ Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9]. The Acts in the group are:

Sale of Goods Act 1893 (56 & 57 Vict. c. 71)

Sale of Goods and Supply of Services Act 1980 (16/1980), Part II

Though not included in the collective citation, the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995), European Communities (Unfair Terms in Consumer Contracts) (Amendment) Regulations 2000 (S.I. No. 307 of 2000) and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003) deal with the same subject matter.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Assisted Decision-Making (Capacity) Act 2015 (64/2015)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

International Carriage of Goods by Road Act 1990 (13/1990)

Restrictive Practices (Amendment) Act 1987 (31/1987)

Trading Stamps Act 1980 (23/1980)

Sale of Goods and Supply of Services Act 1980 (16/1980)

Statute Law Revision Act 1908 (56 & 57 Vict. C. 49)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013)

European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003)

European Communities (Contracts For Time Sharing of Immovable Property — Protection of Purchasers) Regulations 1997 (S.I. No. 204 of 1997)

All statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this revision.


56 & 57 Vict. c. 71


SALE OF GOODS ACT 1893

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS

PART I.

Formation of the Contract.

Contract of Sale.

Section

1.

Sale and agreement to sell.

2.

Capacity to buy and sell.

Formalities of the Contract.

3.

Contract of sale, how made.

4.

Contract of sale for ten pounds and upwards.

Subject matter of Contract.

5.

Existing or future goods.

6.

Goods which have perished.

7.

Goods perishing before sale but after agreement to sell.

The Price.

8.

Ascertainment of price.

9.

Agreement to sell at valuation.

Conditions and Warranties.

10.

Stipulations as to time.

11.

When condition to be treated as warranty.

12.

Implied undertaking as to title, etc.

13.

Sale by description.

14.

Implied undertakings as to quality or fitness.

Sale by Sample.

15.

Sale by sample.

PART II

Effects of the Contract.

Transfer of Property as between Seller and Buyer.

16.

Goods must be ascertained.

17.

Property passes when intended to pass.

18.

Rules for ascertaining intention.

19.

Reservation of right of disposal.

20.

Passing of risk.

Transfer of Title.

21.

Sale by person not owner.

22.

Market overt.

23.

Sale under voidable title.

24.

Revesting of property in stolen goods on conviction of offender.

25.

Seller or buyer in possession after sale.

26.

Effect of writs of execution.

PART III.

Performance of the Contract.

27.

Duties of seller and buyer.

28.

Payment and delivery are concurrent conditions.

29.

Rules as to delivery.

30.

Delivery of wrong quantity.

31.

Instalment deliveries.

32.

Delivery to carrier.

33.

Risk where goods are delivered at distant place.

34.

Buyer’s right of examining the goods.

35.

Acceptance.

36.

Buyer not bound to return rejected goods.

37.

Liability of buyer for neglecting or refusing delivery of goods.

PART IV.

Rights of Unpaid Seller against the Goods.

38.

Unpaid seller defined.

39.

Unpaid seller’s rights.

40.

Attachment by seller in Scotland.

Unpaid Seller’s Lien.

41.

Seller’s lien

42.

Part delivery.

43.

Termination of lien.

Stoppage in transitu.

44.

Right of stoppage in transitu.

45.

Duration of transit.

46.

How stoppage in transitu is effected.

Re-sale by Buyer or Seller.

47.

Effect of sub-sale or pledge by buyer.

48.

Sale not generally rescinded by lien or stoppage in transitu.

PART V.

Actions for Breach of the Contract.

Remedies of the Seller.

49.

Action for price.

50.

Damages for non-acceptance.

Remedies of the Buyer.

51.

Damages for non-delivery.

52.

Specific performance.

53.

Remedy for breach of warranty.

54.

Interest and special damages.

PART VI.

Supplementary.

55.

Exclusions of implied terms and conditions.

55A.

Conflict of laws.

56.

Reasonable time a question of fact.

57.

Rights, &c. enforceable by action.

58.

Auction sales.

59.

Payment into court in Scotland when breach of warranty alleged.

60.

Repeals.

61.

Savings.

62.

Interpretation of terms.

63.

Commencement.

64.

Short title.

SCHEDULE


Acts Referred to

English Statute of Monopolies Act, 1623

1 Jac. 1. c. 21.

Factors Act, 1889

52 & 53 Vict. c. 45.

Factors (Scotland) Act, 1890

53 & 54 Vict. c. 40.

Mercantile Law Amendment (Scotland) Act, 1856

19 & 20 Vict. c. 60.

Mercantile Law Amendment Act, 1856

19 & 20 Vict. c. 97.

Statute of Frauds Act, 1677

29 Cha. 2. c. 3.

Statute of Frauds Amendment Act, 1828

9 Geo. 4. c. 14.


56 & 57 Vict. c. 71


SALE OF GOODS ACT 1893

REVISED

Updated to 30 June 2016


An Act for codifying the Law relating to the Sale of Goods [ 1]. [20th February 1894.]

Annotations:

Modifications (not altering text):

C1

Relationship between Act and European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 explained (22.01.2003) by European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003), reg. 3.

Relationship between Regulations and consumer protection enactments.

3. (1) Subject to paragraphs (3) and (4), these Regulations are in addition to, and not in substitution for, any other enactment relating to the sale of goods or the terms of contracts concluded with consumers, and in particular —

(a) the Sale of Goods and Supply of Services Acts 1893 and 1980,

and

(b) the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995).

(2) In particular, Regulation 4 is in addition to, and not in substitution for, a provision of any other enactment that provides that a consumer shall not be deprived, by virtue of a choice of the kind mentioned in that Regulation, of the protection afforded by any enactment.

(3) In a case where the level of protection for the consumer afforded by a particular provision of these Regulations is greater than that afforded by a particular provision of another enactment, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —

(a) the consumer may opt to invoke the particular provision of these Regulations to the exclusion of the other provision, and

(b) the other provision may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to extend the application of these Regulations to a person who is not a consumer within the meaning of these Regulations or to goods that are not consumer goods within the meaning of these Regulations.

(4) In a case where the level of protection for the consumer afforded by a particular provision of any other enactment is greater than that afforded by a particular provision of these Regulations, or to the extent that the invocation of a latter such provision by the consumer would diminish the first-mentioned level of protection for him or her —

(a) the consumer may opt to invoke the particular provision of that other enactment to the exclusion of the other provision of these Regulations, and

(b) that other provision of these Regulations may be invoked, and shall be construed and operate so as to be capable of being invoked, by the consumer in a manner that does not diminish the first-mentioned level of protection for him or her,

but nothing in this paragraph operates to afford to any person the protection of that provision of the other enactment in any case where it would not otherwise be so afforded.

C2

Application of Act restricted (1.05.1991) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(3), S.I. No. 22 of 1991 (commenced in relation to carriage other than carriage between the State and the United Kingdom of Great Britain and Northern Ireland).

Application of certain enactments in relation to CMR.

3.— ...

(3) The Carriers Act, 1830, section 7 of the Railway and Canal Traffic Act, 1854, the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, shall not apply in relation to contracts for the carriage of goods if the carriage is carriage in relation to which CMR applies.

...

C3

Enforcement of Act affected (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 55, as substituted (25.01.1988) by Restrictive Practices (Amendment) Act 1987 (31/1987) s. 32, S.I. No. 2 of 1988.

Functions of Director of Consumer Affairs.

55.—(1) The Director of Consumer Affairs and Fair Trade shall have the following additional functions—

( a) to keep under general review practices or proposed practices in relation to any of the obligations imposed on persons by any provision of this Act or the Act of 1893,

( b) to carry out examinations of any such practices or proposed practices where the Director considers that, in the public interest, such examinations are proper or the Minister so requests,

( c) to request persons engaging in or proposing to engage in such practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893 to discontinue or refrain from such practices,

( d) to institute proceedings in the High Court for orders requiring persons engaging or proposing to engage in any practices as are, or are likely to be, contrary to the obligations imposed on them by any provision of this Act or the Act of 1893, to discontinue or refrain from such practices.

(2) The Minister may by order confer on the Director of Consumer Affairs and Fair Trade such further functions as he considers appropriate for the purposes of this Act.

C4

Act included in collective citation and construction (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9, commenced as per s. 1(2).

Citation and construction of Part II.

9.—(1) The Act of 1893 and this Part may be cited together as the Sale of Goods Acts, 1893 and 1980.

(2) The Act of 1893 and this Part shall be construed as one.

Acts included or previously included in the collective citation and construction:

Sale of Goods and Supply of Services Act 1980 (16/1980), Part II, (31.12.1980) by s. 9, commenced on enactment.

Sale of Goods Act 1893 (56 & 57 Vict. c. 71) (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 9, commenced on enactment.

C5

Term “dealing as consumer” defined (31.12.1980) by Sale of Goods and Supply of Services Act 1980 (16/1980), s. 3, commenced as per s. 1(2).

Dealing as consumer.

3.—(1) In the Act of 1893 and this Act, a party to a contract is said to deal as consumer in relation to another party if—

( a) he neither makes the contract in the course of a business nor holds himself out as doing so, and

( b) the other party does make the contract in the course of a business, and

( c) the goods or services supplied under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.

(2) On—

( a) a sale by competitive tender, or

( b) a sale by auction—

(i) of goods of a type, or

(ii) by or on behalf of a person of a class

defined by the Minister by order,

the buyer is not in any circumstances to be regarded as dealing as consumer.

(3) Subject to this, it is for those claiming that a party does not deal as consumer to show that he does not.

C6

Application of Act extended (9.07.1980) by Trading Stamps Act 1980 (23/1980), s. 8, commenced on enactment.

Application of Sale of Goods Act, 1893, and Sale of Goods and Supply of Services Act, 1980.

8.—(1) For the purposes of the Sale of Goods Act, 1893, and the Sale of Goods and Supply of Services Act, 1980, the publication by a company which is the promoter of a trading stamp scheme of a catalogue shall be regarded as an offer, and the tender within the prescribed period of validity of the appropriate number of stamps shall be regarded as an acceptance, in the same way as if the offer and the acceptance were for a monetary consideration.

(2) The provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in every case where the promoter of a trading stamp scheme offers goods or services in exchange for trading stamps.

(3) Where a person other than a promoter of a trading stamp scheme offers goods or services in exchange for trading stamps, the provisions of the Sale of Goods Act, 1893, and of the Sale of Goods and Supply of Services Act, 1980, shall apply in the same way as if that exchange were for a monetary consideration.