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THE Sale of Goods Bill, as amended on Report and ordered to be printed on 17th May, contains the following changes :
Arrangement.-- 10 is transposed, and appears as § 57. This alters the numbering of the sections from 11 to 41, so that § 11 appears as $ 10, and
New Clauses.—Add to § 14, (1): "and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass.
Add to $ 31, (1): Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he have one, and if not, his residence : Provided that, if the contract be for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.'
Add to § 34 a new sub-section (3): “Unless otherwise agreed, where goods are sent by the seller to the buyer by sea, under circumstances in which it is usual to insure, the seller must give such notice of shipment to the buyer as may enable him to insure them, and, if the seller fails to do so, the goods shall be deemed to be at his risk.'
Application of the Bill to Scotland.—It is now proposed to extend the Bill to Scotland.
The changes introduced for this purpose are mainly (1) a number of saving clauses, and (2) certain new clauses.
Savings. The provisions of $ 4 (embodying the Statute of Frauds); of § 12 (fresh consideration required to support warranty given after sale completed); of $ 24 (rule of market overt); of $ 26 (revesting of property in stolen goods on conviction of offender); of § 28 (effects of writs of execution) are not to apply to Scotland. It is declared by $ 50 (3) that 'nothing in this section shall prejudice the right of the seller in Scotland to recover interest on the price from the date of the tender of the goods, or from the date on which the price was payable, as the case may be’; by $ 54 (5) that ‘nothing in this section shall prejudice the buyer's right of rejection in Scotland as declared by this Act'; and by $ 63 (4) and (5) that 'the provisions of this Act 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,' and nothing in this Act shall prejudice or affect the landlord's right of hypothec or sequestration for rent in Scotland.'
New Clauses. — In place of $ 13 (1) (2) (3), the following clauses are proposed for Scotland :
*(a) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of such condition as a breach which may give rise to a claim for damages : (b) Failure to perform any material part of a contract of sale is in general a breach of contract which entitles the party not in fault to reject the goods and treat the contract as repudiated, and it depends on the circumstances and equities of each case whether the contract can be treated as repudiated or the breach complained of falls to be satisfied by damages.'
A clause, numbered § 41, is proposed allowing attachment by seller in Scotland. 'In Scotland a seller of goods may attach the same while in his own hands or possession by arrestment or poinding; and such arrestment or poinding shall have the same operation and effect in a competition or otherwise as an arrestment or poinding by a third party.'
A clause, numbered § 60, is added, relating to payment into Court in Scotland when breach of warranty is alleged :
'In Scotland where a buyer elects to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for damages, he may, in an action by the seller for the price, be required, in the discretion of the Court before which the action depends, to consign or pay into Court the price of the goods or part thereof, or to give other reasonable security for the due payment thereof.'
Lastly, by the interpretation clause, various Scots law terms are included under the corresponding English terms, e.g. pursuer, complainer, and claimant in a multiplepoinding are included under plaintiff.'
TABLE OF CASES.
Amaan v. Handyside, 1865, 3 Macp. 526,
27 140 79
8 68, 71
Greaves v. Ashlin, 1813, 3 Camp. 425,
71 33, 142
Simpson v. Duncanson's Crs, 1786, Mor. 14 204,