Section 10 of Sale of Goods Act CAP 31: Ascertainment of price

(1) Where there is an agreement to sell goods on the terms that the price isto be fixed by the valuation of a third party, and the third party cannot or does not make a valuation, the agreement is...

(1) Unless a different intention appears from the terms of the contract,stipulations as to time of payment are not deemed to be of the essence of a contract of sale. (2) Whether any other stipulation...

(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of condition as a breach of warranty and not...

In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is— (a) an implied condition on the part of the seller that in the case of a sale he...

Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by...

Subject to the provisions of this Act and of any Act in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a...

(1) A contract of sale is a contract for sale by sample where there is a term inthe contract, express or implied, to that effect. (2) In the case of a contract for sale by sample there is— (a) an...

Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.

(1) Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be...

Unless a different intention appears, the following rules apply for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer— (a) where...

(1) Where there is a contract for the sale of specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the...

Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the...

(1) Subject to the provisions of this Act, where goods are sold by a person whois not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer...

When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and...

(1) Where goods have been stolen and the offender is prosecuted to conviction,the property in the goods so stolen revests in the person who was the owner of the goods, or his personal representative,...

(1) Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for...

(1) A writ of fieri facias or other writ of execution against goods shall bind the property in the goods of the execution debtor as from the time when the writ is delivered to the sheriff to be...

It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in...

(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the...

(1) Where the seller delivers to the buyer a quantity of goods less than hecontracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the...

(1) Unless otherwise agreed, the buyer of goods is not bound to accept deliverythereof by instalments. (2) Where there is a contract for the sale of goods to be delivered by stated instalments and to...

(1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to the carrier, whether named by the buyer or not, for the...

Where the seller of goods agrees to deliver them at his own risk at a place other than that where they are when sold, the buyer must nevertheless, unless otherwise agreed, take any risk of...

(1) Where goods are delivered to the buyer which he has not previouslyexamined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the...

The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them or when the goods have been delivered to him, and he does any act in relation to them which is...

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he...

When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after the request take delivery of the goods, he is...

(1) The seller of goods is deemed to be an unpaid seller within the meaningof this Act— (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiable...

(1) Subject to the provisions of this Act, and of any Act in that behalf,notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by...

(1) Subject to the provisions of this Act, the unpaid seller of goods who is inpossession of them is entitled to retain possession of them until payment or tender of the price in the following...

Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien or retention on the remainder unless the part delivery has been made under such circumstances as to show...

(1) The unpaid seller of goods loses his lien or right of retention thereon— (a) when he delivers the goods to a carrier or other bailee or custodier for the purpose of transmission to the buyer...

Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is...

(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier by land, air or water, or other bailee or custodier for the purpose of transmission to the buyer,...

(1) The unpaid seller may exercise his right of stoppage in transitu either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee or custodier in...

Subject to the provisions of this Act, the unpaid seller’s right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have...

(1) Subject to the provisions of this section, a contract of sale is not rescindedby the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu. (2) Where an...

(1) Where, under a contract of sale, the property in the goods has passed to thebuyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the...

(1) Where the buyer wrongfully neglects or refuses to accept and pay forthe goods, the seller may maintain an action against him for damages for nonacceptance. (2) The measure of damages is the...

(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for Non delivery. (2) The measure of damages is...

(1) In any action for breach of contract to deliver specific or ascertained goodsthe court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree direct that the...

(1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is...

Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case whereby law interest or special damages may be recoverable, or to recover money...

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...

Where, by this Act, any reference is made to a reasonable time, the question what is reasonable time is a question of fact.

Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.

(1) In the case of sale by auction— (a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (b) a sale by auction is...

(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything contained in this Act. (2) The rules of the common law, including the law merchant,...