ABSTRACT
Contract Terms Act 1977; and for the purposes of this Act the onus of proving that a contract is not to be regarded as a consumer contract shall lie on the seller;
‘contract of sale’ includes an agreement to sell as well as a sale; ‘credit-broker’ means a person acting in the course of a business of credit
brokerage carried on by him, that is a business of effecting introduction of individuals desiring to obtain credit-(a) to persons carrying on any business so far as it relates to the
provision of credit; or (b) to other persons engaged in credit brokerage;
‘defendant’ includes in Scotland defender, respondent, and claimant in a multiplepoinding;
‘delivery’ means voluntary transfer of possession from one person to another, except that in relation to sections 20A and 20B above it includes such appropriation of goods to the contract as results in property in the goods being transferred to the buyer;
‘document of title to goods’ has the same meaning as it has in the Factors Acts;
‘Factors Acts’ means the Factors Act 1889, the Factors (Scotland) Act 1890, and any enactment amending or substituted for the same;
‘fault’ means wrongful act or default; ‘future goods’ means goods to be manufactured or acquired by the seller
after the making of the contract of sale; ‘goods’ includes all personal chattels other than things in action and
money, and in Scotland all corporeal moveables except money; and in
things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods;
‘plaintiff’ includes pursuer, complainer, claimant in a multiple poinding and defendant or defender counter-claiming;
‘producer’ means the manufacturer of goods, the importer of goods into the European Economic Area or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;
‘property’ means the general property in goods, and not merely a special property;
‘repair’ means, in cases where there is a lack of conformity in goods for the purposes of section 48F of this Act, to bring the goods into conformity with the contract;
‘sale’ includes a bargain and sale as well as a sale and delivery; ‘seller’ means a person who sells or agrees to sell goods; ‘specific goods’ means goods identified and agreed on at the time a
contract of sale is made and includes an undivided share, specified as a fraction or percentage, of goods identified and agreed on as aforesaid;
‘warranty’ (as regards England and Wales and Northern Ireland) means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
