Supply of Goods and Services Act 1982

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Supply of Goods and Services Act 1982

An Act to amend the law with respect to the terms to be implied in certain contracts for the transfer of the property in goods, in certain contracts for the hire of goods and in certain contracts for the supply of a service; and for connected purposes.

Extent Information

E1 The extent provision of this Act as originally enacted was amended (3.1.1995) by 1994 c. 35 , ss. 6 , 8(2) , Sch. 1 para. 4

Part I E+W+N.I. Supply of Goods

Contracts for the transfer of property in goodsE+W+N.I.

1 The contracts concerned.E+W+N.I.

(1) In this Act [F1 in its application to England and Wales and Northern Ireland]a “contract for the transfer of goods” means a contract under which one person transfers or agrees to transfer to another the property in goods, other than an excepted contract.

(2) For the purposes of this section an excepted contract means any of the following:—

(a) a contract of sale of goods;

(b) a hire-purchase agreement;

(d) a transfer or agreement to transfer which is made by deed and for which there is no consideration other than the presumed consideration imported by the deed;

(e) a contract intended to operate by way of mortgage, pledge, charge or other security.

(3) For the purposes of this Act [F1 in its application to England and Wales and Northern Ireland]a contract is a contract for the transfer of goods whether or not services are also provided or to be provided under the contract, and (subject to subsection (2) above) whatever is the nature of the consideration for the transfer or agreement to transfer.

Amendments (Textual)

F1 Words in s. 1(1)(3) inserted (3.1.1995) by 1994 c. 35 , ss. 7 , 8(2) , Sch. 2 para. 6(2) (with s. 8(3))

F2 S. 1(2)(c) omitted (E.W.) (6.4.2005) by virtue of The Regulatory Reform (Trading Stamps) Order 2005 (S.I. 2005/871) {art. 5(a)}; and repealed (N.I.) (15.11.2005) by The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/1452 (N.I. 7)) , arts. 1(2) , 21(2)(a) , 24 , Sch. 2; S.R. 2005/494 , art. 2(1)(b)(d)

2 Implied terms about title, etc.E+W+N.I.

(1) In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is an implied condition on the part of the transferor that in the case of a transfer of the property in the goods he has a right to transfer the property and in the case of an agreement to transfer the property in the goods he will have such a right at the time when the property is to be transferred.

(2) In a contract for the transfer of goods, other than one to which subsection (3) below applies, there is also an implied warranty that—

(a) the goods are free, and will remain free until the time when the property is to be transferred, from any charge or encumbrance not disclosed or known to the transferee before the contract is made, and

(b) the transferee will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.

(3) This subsection applies to a contract for the transfer of goods in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the transferor should transfer...

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