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SALE
OF GOODS ACT
ACT NO. III OF 1930
[[5th
March, 1930]
An
Act to define and amend the law relating to the sale of
goods
WHEREAS
it is expedient to define and amend the law relating to the sale of
goods;
It
is hereby enacted as follows:-
CHAPTER
I
PRELIMINARY
1.Short
title, extent and commencement,- (1) This Act may be called the
2** Sale of Goods Act, 1930.
3[(2)
It extends to the whole of Pakistan.]
(3)
It shall come into force into force on the first day of July, 1930
1.
For Statement of Objects and Reasons and for Report of Special
Committee. See Gazette of India, 1929 Pt. V.p. 163: for Report of
Select Committed, see ibid., 1930, Pt. V. p.1. This Act has been
applied to Phulera in the Excluded Area of Upper Tanawal to the extent
the Act is applicable in the N.-W.F.P. subject to certain modifications,
and also extended to the Excluded Area of Upper Tanawal (N.-W.F.P.)
other than Phulera with effect from such date and subject to such
modifications as may be notified, see N.-W.F.P. (Upper Tanawal)
(Excluded Area) Laws Regulations, 1950.
It
has also been extended to the Leased Areas of Balochistan, see the
Leased Areas of Balochistan, see Gazette of India, 1937, Pt. I. p.
1499.
2.
The word "Indian" omitted by the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), S.3. and Second Schedule.
3.
Subs. by the Central Laws (Statute Reforms) Ordinance, 1960 (21 of
1960). S.3. and Second Schedule. (with effect from the 14th October,
1955), for subsection (2) which was amended by the A.O., 1949 and Act
26 of 1951.
2.
Definitions.---In this Act, unless there is anything repugnant in
the subject or context,---
(1)
"buyer" means a person who buys or agrees to buy goods;
(2)
"delivery" means voluntary transfer of possession from
one person to another;
(3)
goods are said to be in a "deliverable state" when
they are in such state that the buyer would under the contract
be bound to take delivery of them;
(4)
"document of title to goods" includes a bill of lading,
dock- warrant, warehouse keeper's certificate, wharfingers' certificate,
railway receipt, warrant or order for the delivery of goods and any
other document used in ordinary course of business as proof of the
possession or control of goods, or authorising or purporting to
authorise, either by endorsement or by delivery, the possessor of the
document to transfer or receive goods thereby represented;
(5)
"fault" means wrongful act or default;
(6)
"future goods" means goods to be manufactured or produced
or acquired by the seller after the making of the contract of
sale;
(7)
"goods" means every kind of movable property other
than actionable claims and money; and includes 4[electricity,
water, gas,] stock and shares, growing crops, grass, and things
attached to or forming part of the land which are agreed to be
severed before sale or under the contract of sale;
(8)
a person is said to be "insolvent" who has ceased to
pay his debts in the ordinary course of business, or cannot pay
his debts as they become due, whether he has committed and
act of insolvency or not;
(9)
"mercantile agent" means a mercantile agent having
in the customary course of business as such agent authority either
to sell goods, or to consign goods for the purposes of sale, or
to buy goods, or to raise money on the security of goods;
(10)
"price" means the money consideration for a sale of
goods;
(11)
"property" means the general property in goods, and
not merely a special property;
(12)
"quality of goods" includes their state or condition;
4.
Ins. by the Sale of Goods (Amendment) Ordinance, 1962 (47 of 1962),
S,2 with effect from the 7th June, 1962)
(13)
"Seller" means a person who sells or agrees to sell goods;
(14)
"specific goods" means goods identified and agreed upon at
the time a contract of sale is made; and
(15)
expressions used but not defined in this act and defined in the
Contract Act, 1872 (IX of 1872), have the meanings assigned to them
in that Act.
3.
Application of provisions of Act of 1872. The unrepealed provisions
of the Contract Act, 1872 (IX of 1872), save in so far as they
are inconsistent with the express provisions of this Act, shall continue
to apply to contracts for the sale of goods.
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