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 is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

of Great Britain and Ireland which regulated

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

s in which goods are sold and bought. Its purpose was 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 remains in force in the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...

Background

The Act was drafted by

Sir Mackenzie Chalmers Sir Mackenzie Dalzell Edwin Stewart Chalmers (7 February 1847 – 22 December 1927) was a British judge and civil servant. He was Parliamentary Counsel to the Treasury, a judge of the county courts and a Law Member of the Viceroy's Council in In ...

, who later drafted the

Marine Insurance Act 1906 The Marine Insurance Act 1906 (8 Edw. 7 c.41) is a UK Act of Parliament regulating marine insurance. The Act applies both to "ship & cargo" marine insurance, and to P&I cover. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlie ...

. As noted by

Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...

in ''

The Mihalis Angelos ''Maredelanto Compania Naviera SA v Bergbau-Handel GmbH'' or ''The Mihalis Angelos'' 970EWCA Civ 4is an English contract law case, concerning breach of contract. Facts ''The Mihalis Angelos'' was fixed to sail to Haiphong and there load a carg ...

971 Year 971 ( CMLXXI) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Dorostolon: A Byzantine expeditionary army (possibly 30–40,000 men) ...

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''

910 Year 910 ( CMX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. __NOTOC__ Events By place Europe * June 12 – Battle of Augsburg: The Hungarians defeat the East Frankish army under ...

2 KB 1003, 1012 and adopted by the House of Lords in

911 911 or 9/11 may refer to: Dates * AD 911 * 911 BC * September 11 ** 9/11, the September 11 attacks of 2001 ** 11 de Septiembre, Chilean coup d'état in 1973 that outed the democratically elected Salvador Allende * November 9 Numbers * 91 ...

AC 394. The Sale of Goods Act 1893 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. This Act of Parliament was so well-drafted that, when it was repealed and reenacted, the successor

Sale of Goods Act 1979 The Sale of Goods Act 1979c 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 1893 ...

was instantly familiar, sharing the same structure, phraseology and even numbering as the 1893 Act.

Repeal

The whole of this Act, except for section 26, was repealed on 1 January 1980, subject to a number of savings. Section 26 was repealed on 1 January 1982. The 1893 Act is still operative in Ireland, although it has been amended on a number of occasions since it came into force.

Notes

External links

The Sale of Goods Act 1893
as originally enacted, from the

Office of Public Sector Information The Office of Public Sector Information (OPSI) is the body responsible for the operation of His Majesty's Stationery Office (HMSO) and of other public information services of the United Kingdom. The OPSI is part of the National Archives of the Un ...

. {{UK legislation United Kingdom Acts of Parliament 1893 Consumer protection legislation English contract law Consumer protection in the United Kingdom

Background

Repeal

See also

Notes

External links