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 Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
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 tr ...
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. ...
.
Background
The Act was drafted by
Sir Mackenzie Chalmers, 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 earli ...
. 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''
9102 KB 1003, 1012 and adopted by the House of Lords in
911AC 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.
See also
*
Sale of Goods Act
Sale of Goods Acts (with variations) regulate the sale of goods in several legal jurisdictions including Malaysia, New Zealand, the United Kingdom and the common law provinces of Canada.
The Bill for an Act with this short title will have be ...
*''
Bentsen v Taylor, Sons & Co''
893
__FORCETOC__
Year 893 ( DCCCXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Vladimir, ruler ('' khan'') of the Bulgarian Empire, is dethroned by his f ...
2 QB 274, 280, per
Bowen LJ
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge.
Early life
Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, ...
adopting the SGA 1893 scheme of conditions and warranties.
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 U ...
.
{{UK legislation
United Kingdom Acts of Parliament 1893
Consumer protection legislation
English contract law
Consumer protection in the United Kingdom