The Sale of Goods Act 1893 (56 & 57 Vict. c. 71) was an act of the Parliament of the United Kingdom to regulate contracts 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 codified the common law on sale of goods, including the market overt rule.
The act was repealed in the United Kingdom in 1980 and 1982 but remains in force in Ireland, having been carried over into Irish law following independence.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 1 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 2 KB 1003, 1012 and adopted by the House of Lords in AC 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, shares the same structure, phraseology and numbering as the 1893 act.
Provisions Repealed enactments Section 60 of the act repealed 5 enactments, listed in the schedule to the act. The repeal did not affect anything done or suffered, or any right, title or interest acquired or accrued before the commencement of the act, or any legal proceeding or remedy in respect of any such thing, right, title or interest. CitationShort titleDescriptionExtent of repeal1 Jas. 1. c. 21Act Against Brokers 1603An Act against brokers.The whole act.29 Cha. 2. c. 3Statute of FraudsAn Act for the prevention of frauds and perjuries.Sections fifteen and sixteen.9 Geo. 4. c. 14Statute of Frauds Amendment Act 1828An Act for rendering a written memorandum necessary to the validity of certain promises and engagements.Section seven.19 & 20 Vict. c. 60Mercantile Law Amendment Act (Scotland) 1856The Mercantile Law Amendment (Scotland) Act, 1856.Sections one, two, three, four, and five.19 & 20 Vict. c. 97Mercantile Law Amendment Act 1856The Mercantile Law Amendment Act, 1856.Sections one and two.
Subsequent developments The whole act, except for section 26 (effect of writs of execution), was repealed for the United Kingdom, subject to a number of savings, by section 63(2) of, and schedule 3 to, the Sale of Goods Act 1979, which came into force on 1 January 1980.
Section 26 of the act was repealed for the United Kingdom by section 152(4) of, and schedule 7 to, the Senior Courts Act 1981, which came into force on 1 January 1982.
The act remains in operation in Ireland, 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 2 QB 274, 280, per Bowen LJ adopting the SGA 1893 scheme of conditions and warranties.
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