Sale of Goods Policy

Abstract

Introduction This chapter looks at the law relating to the sale of goods, a central plank of commercial law. It is of crucial importance to both business purchasers and consumer buyers and provides the framework through which millions of goods are bought and sold. Section 2 of this chapter outlines the role and breadth of sale of goods legislation. Section 3 details the development of sale of goods legislation from the passage of the Sale of Goods Act 1893 to the present day. Section 4 discusses the equality of bargaining power between seller and buyer and the mechanisms that the law uses to attempt to maintain an appropriate balance. These include the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and the Sale of Goods Act 1979, section 15A. Section 5 looks at the impact of the European Union on the recent development of sale of goods legislation. Section 6 analyses what constitutes a contract for the sale of goods. Section 7 considers contracts for non-monetary consideration, including the status of part-exchange contracts, and section 8 discusses other contracts for the transfer of property or possession that are not classed as contracts for the sale of goods. These include contracts of hire, hire-purchase contracts, leaseback, contracts for the provision of goods and services and the supply of computer programs.