Amending sale of goods legislation in England and the Commonwealth Caribbean

AuthorJohn A. Epp
PositionOf the Cayman Islands Law School [an affiliated institution of the University of Liverpool]
Pages459-477
AM ENDIN G SAL E OF GOODS LEGIS LATIO N IN
ENG LA ND AND T HE CO MM ONW EALTH CARIBB EAN
JOH N A. EPP*
The law rega rdin g the domestic sale o f goods in Engla nd, and
those countrie s which followed its lead, is regarded as being
reasonably sound. The original statute, th e Sale o f Goo ds Ac t 1893,1
has withsto od t he test o f time, remaining basically inta ct th roug h to
today. The reas ons for its longevity are found in its simp le wording
and its achieveme nt o f reflectin g hundreds of years o f com mon law .2
Of cours e th e E nglish p rovisions regarding the domestic sale o f
good s hav e been modified some what ov er the years by statute and
jud ici al pronoun cem ents. Three statutory revisions are o f particular
note. Firs t, the additi on in 1973 o f a statutory definition of
merchantable qu ality’.3 Second, the res trictions o n co ntracting out
of the p rote ctio n provide d by im plied terms, first seen in the 1973
Of the Cayman Islands Law School [an affiliated institution of the University
of Liverpool].
56 & 57 Viet. , c. 71 (hereinafter referred to as 'the 1893 Act').
Law Commi ssion Report, Sale a nd Suppl y of Goods (1987 , No. 160, Cmnd.
137) (her einafter referred to as 'Law Com'), para. 1.5.
Supply of Goods (Implied Terms) Act 1973, c. 13, (hereinafter referred to as 'the 1973
Act') s, 7(2) adding s. 62(1 A) to the 1893 Act. Section 1 of the 1973 Act revised s. 12
of the 1893 Act regarding the implied undertaking as to title. Section 2 of the 1973 Act
revised s. 13 of the 1893 Act regarding sale by description. Section 3 of the 1973 Act
revised s. 14 o f the 1893 Act regarding undertakings as to quality and fitness for
purpose.
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460 Caribbean Law Review
Act4 and then refined in 1978.5 Finally, the consolidating ena ctmen t,
which rema ins as the core leg islatio n, the Sale o f Goods Ac t 1 979.6
Fif teen jur isdictions in the Com mon wea lth Caribb ean have
domestic sale o f goods legislation patterned afte r various vers ions of
the E nglish law.7 The 1893 Act is, with min or exception s,8 repeated
in th e le gislatio n of the followin g t en jurisdi ctions: A nguilla,9
Bah ama s,10 B arbado s,11 B eliz e, 12 British Virgin Islan ds,13 Gu yan a,14
Jama ica,15 Montserra t,16 St. Vincent and the G re na dine and St.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Sectio n 4 revised s. 55 o f the 1893 A ct Section 55(3), as revised,
prohibited the contract ing out from the obligatio n under s. 12 (title) o f the
1893 Act, while s. 55 (4), as revi sed, prohib ited the contracting out of the
obligations placed on the seller in con sumer sales un der s. 13 (description),
s. 14 (quality and fitness for purpose) and s. 15 (sample) of the 1893 Act. In
the case o f non-consu mer sales, the revised s. 55(4) subjec ted attem pts to
limit lia bility unde r ss. 13, 14 and 15 to a reasonableness test . The test 'as
found in s. 55(5).
Unfair Contract Terms A ct ¡977, c. 50, (hereinaf ter referred to as the 1977
Act*), s. 6. Section 6( 1) prohibits the co ntracting out from the obl igation
unde r s. 12 of the 1893 Act, while s. 6(2), addressing co nsumer sales,
prohibits avo iding the obligations placed on the seller under ss. 13, 14 and
15 of the 1893 Act. Section 6(3), addressing non-consum er sales, subje cts
attempt s to lim it liability under ss. 13, 14 and 15 to a re asonableness test.
The rea sonableness test is found in s. 11. The onus to show the t est is
satisfied was placed on the party wishing to rely on the clause: s. 11 (5). The
latter pro vision was new.
C. 54, (hereinafter referred to as the 1979 Act) effectiv e January, 1980.
Daly, S., "The La w Relating to Sale o f G oods in the Com monwealth
Caribbea n" (1989) 1(2) Ca ribbean Law and Busines s 88, 89.
Ibid. 89-90.
4.S amended in 1987.
1904.
1895.
1923.
As am ended 1957.
As ame nded 1972.
1895.
As am ended 1956.
1919.

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