Sale of Goods Act, Ch 337 (The Bahamas)

• Pages: 297-322

Appendix 2: Sale of Goods Act, Ch 337 (The Bahamas) 297

SALE OF GOODS

[CH.337 – 1

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

SALE OF GOODS

CHAPTER 337

SALE OF GOODS

ARRANGEMENT OF SECTIONS

SECTION

1.

Short title.

2.

Interpretation.

PART I

FORMATION OF THE CONTRACT

Contract of Sale

3.

Sale and agreement to sell.

4.

Capacity to buy and sell.

Formalities of the Contract

5.

Contract of sale, how made.

6.

Contract of sale for forty dollars and upwards.

Subject Matter of Contract

7.

Existing or future goods.

8.

Goods which have perished.

9.

Goods perishing before sale but after agreement to sell.

The Price

10.

Ascertainment of price.

11.

Agreement to sell at valuation.

Conditions and Warranties

12.

Stipulations as to time.

13.

When condition to be treated as warranty.

14.

Implied undertaking as to title, etc.

15.

Sale by description.

16.

Implied conditions as to quality or fitness.

298 Commonwealth Caribbean Contract Law

CH.337 –

2]

SALE OF GOODS

STATUTE LAW OF THE BAHAMAS

[Original Service 2001]

Sale by Sample

17.

Sale by sample.

PART II

EFFECTS OF THE CONTRACT

Transfer of Property as between Seller and Buyer

18.

Goods must be ascertained.

19.

Property passes when intended to pass.

20.

Rules for ascertaining intention.

21.

Reservation of right of disposal.

22.

Risk prima facie passes with property.

Transfer of Title

23.

Sale by person not the owner.

24.

Sale under voidable title.

25.

Revesting of property in stolen, etc., goods on conviction of offender.

26.

Seller or buyer in possession after sale.

27.

Effect of writs of execution.

PART III

PERFORMANCE OF THE CONTRACT

28.

Duties of seller and buyer.

29.

Payment and delivery are concurrent conditions.

30.

Rules as to delivery.

31.

Delivery of wrong quantity.

32.

Instalment deliveries.

33.

Delivery to carrier.

34.

Risk where goods are delivered at distant place.

35.

Buyer’s right of examining the goods.

36.

Acceptance.

37.

Buyer not bound to return rejected goods.

38.

Liability of buyer for neglecting or refusing delivery of goods.

PART IV

RIGHTS OF UNPAID SELLER AGAINST THE GOODS

39.

“Unpaid seller” defined.

40.

Unpaid seller’s rights.