ABSTRACT
The price 142 8 Ascertainment of price 142 9 Agreement to sell at valuation 143
Implied terms, etc 143 10 Stipulations about time 143 11 When condition to be treated as warranty 143 12 Implied terms about title, etc 143 13 Sale by description 144 14 Implied terms about quality or fi tness 144
Sale by sample 145 15 Sale by sample 145
Miscellaneous 146 15A Modifi cation of remedies for breach of condition in non-consumer cases 146 15B Remedies for breach of contract as respects Scotland 146
P art III Effects of the Contract 147
Transfer of property as between seller and buyer 147 16 Goods must be ascertained 147 17 Property passes when intended to pass 147 18 Rules for ascertaining intention 147 19 Reservation of right of disposal 148 20 Passing of risk 148 20A Undivided shares in goods forming party of a bulk 148 20B Deemed consent by co-owner to dealings in bulk goods 149
Transfer of title 150 21 Sale by person not the owner 150 23 Sale under voidable title 150 24 Seller in possession after sale 150 25 Buyer in possession after sale 150 26 Supplementary to sections 24 and 25 151
P art IV Performance of the Contract 151
27 Duties of seller and buyer 151 28 Payment and delivery are concurrent conditions 151 29 Rules about delivery 151 30 Delivery of wrong quantity 151 31 Instalment deliveries 152 32 Delivery to carrier 152 33 Risk where goods are delivered at distant place 153 34 Buyer’s right of examining the goods 153 35 Acceptance 153 35A Right of partial rejection 154 36 Buyer not bound to return rejected goods 154 37 Buyer’s liability for not taking delivery of goods 154
P art V Rights of unpaid Seller against the Goods 154
Preliminary 154 38 Unpaid seller defi ned 154 39 Unpaid seller’s rights 155
Unpaid seller’s lien 155 41 Seller’s lien 155 42 Part delivery 155 43 Termination of lien 155
Stoppage in transit 155 44 Right of stoppage in transit 155 45 Duration of transit 156 46 How stoppage in transit is effected 156
Re-sale, etc, by buyer 157 47 Effect of sub-sale etc. by buyer 157
Rescission and re-sale by seller 157 48 Rescission and re-sale by seller 157
P art VI Actions for Breach of the Contract 157
Seller’s remedies 157 49 Action for price 157 50 Damages for non-acceptance 158
Buyer’s remedies 158 51 Damages for non-delivery 158 52 Specifi c performance 158 53 Remedy for breach of warranty 158 53A Measure of damages as respects Scotland 159
Interest etc. 159 54 Interest, etc 159
P art VII Supplementary 159
55 Exclusion of implied terms 159 57 Auction sales 159 59 Reasonable time a question of fact 160 60 Rights etc. enforceable by action 160 61 Interpretation 160
62 Savings: Rules of Law etc 160
PART II FORMATION OF THE CONTRACT
Contract of sale
(1) A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
