SALE OF GOODS.—The law on this subject, for Scotland as well as for England, is now consolidated in the well-known Sale of Goods Act of 1893. As so consolidated it is presented in this article.
Preliminary points.—Interpretation of terms.—Unless the context or the subject-matter of this article otherwise requires, " Action " includes counterclaim and set off, and in Scotland condescendence and claim and com pensation. " Bailee " in Scotland includes custodier ; " Buyer " means a person who buys or agrees to buy goods ; " Contract of sale" includes an agreement to sell as well as a sale ; " Defendant " includes in Scotland defender, respondent and claimant in multiplepoinding; "Delivery" means vohmtary transfer of possession from one person to another ; "Document of title to goods has the same meaning as it has in the FACTORS Acts ; " Factors Acts " mean the Factors Act, 1889, the Factors (Scotland) Act, 1890, and any enactment amending or substituted for the smile. "Fault" means wrongful act or default ; " Future goods " mean goods to be manu factured or acquired by the seller after the making of the contract of sale ; " Goods" include all chattels personal other than things in action and money, and in Scotland all corporeal movables except money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under contract of sale ; "Lien" in Scotland includes right of retention ; " Plaintiff." includes pursuer, complainer, claimant in a multiplepoinding, and defendant or defender counterclaiming; "Property" means the general property in goods, and not merely a special property ; " Quality of goods " includes their state or condition ; " 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" mean goods identified and agreed upon at the tinie a con tract of sale is made ; " Warranty " as regards England and 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. As regards Scotland a breach of warranty
is deemed to be a failure to perform a material part of the contract. A thing is deemed to be done " in good faith " when it is in fact done honestly, whether it be done negligently or not. A person is deemed to be insolvent who either 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 an act of bankruptcy or not, and whether he has become a notour bankrupt or not. Goods are in a " deliverable state " when they are in such a state that the buyer would under the contract be bound to take delivery of them. Where any reference is made to a reasonable time " the question what is a reason able time is one of fact. Generally, where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. Where any right, duty, or liability is declared it may, unless otherwise provided, be enforced by action. '17he rules in bankruptcy relating to contracts of sale apply thereto, notwithstanding anything here stated. The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions herein mentioned, and in particular the rules relating to the law of principal and agent and the effect of FRAUD, isrepresentation, d uress or coercion, mistake or other invalidating cause, apply to contracts for the sale of goods. Nothing in the Sale of Goods Act, 1893, or in any repeal effected thereby, affects the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not ex pressly repealed by the Act. These provisions relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security. Nor do they prejudice or affect the landlord's right of hypothec on' seques tration for rent in Scotland.