This Ordinance was repealed on 2018-08-17 by Sale of Goods and Supply of Services Act, 2018.
Uganda
Sale of Goods Act
Chapter 82
- Commenced on 1 January 1932
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Repealed by Sale of Goods and Supply of Services Act, 2018 (Act 10 of 2018) on 17 August 2018]
Part I – Interpretation
1. Interpretation
Part II – Formation of the contract
Contract of sale
2. Sale and agreement to sell
3. Capacity to buy and sell
Formalities of the contract
4. Contract of sale, how made
5. Contract of sale for goods with a value of 200 shillings or more
Subject matter of contract
6. Existing or future goods
7. Goods which have perished
Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void.8. Goods perished after agreement to sell
Where there is an agreement to sell specific goods, and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.The price
9. Ascertainment of price
10. Agreement to sell at valuation
Conditions and warranties
11. Stipulations as to time
12. Breach of condition or warranty
13. Implied undertaking as to title, etc.
In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is—14. Conditions implied by description
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 description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.15. Implied conditions as to quality or fitness
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 contract of sale, except as follows—(a)where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply, whether the seller is the manufacturer or not, there is an implied condition that the goods shall be reasonably fit for the purpose; except that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose;(b)where goods are bought by description from a seller who deals in goods of that description, whether the seller is the manufacturer or not, there is an implied condition that the goods shall be of merchantable quality; except that if the buyer has examined the goods, there shall be no implied condition as regards defects which the examination ought to have revealed;(c)an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;(d)an express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent with it.Sale by sample
16. Sale by sample
Part III – Effects of the contract
Transfer of property as between seller and buyer
17. Property in unascertained goods
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer until the goods are ascertained.18. Property in specific or ascertained goods passes when intended to pass
19. Rules for ascertaining intention as to time when property passes
Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer—20. Reservation of right of disposal
21. Risk prima facie passes with property
Unless otherwise agreed, the goods remain at the seller’s risk until the property in the goods is transferred to the buyer; but when the property in the goods is transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not; except that—(a)where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for that fault;(b)nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.Transfer of title
22. Sale by person not the owner
23. Sale under voidable title
When the seller of goods has a voidable title to the goods, but his or her title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he or she buys them in good faith and without notice of the seller’s defect of title.24. Revesting of property in stolen goods on conviction of offender
25. Seller or buyer in possession after sale
26. Effect of warrants of execution
Part IV – Performance of the contract
27. Duties of seller and buyer
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.28. Payment and delivery prima facie concurrent conditions
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 exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.29. Rules as to delivery
30. Delivery of wrong quantity or description
31. Delivery by installments
32. Delivery to carrier
33. Risk where goods are delivered elsewhere than at place of sale
Where the seller of goods agrees to deliver them at his or her own risk at a place other than that where they are when sold, the buyer must, nevertheless, unless otherwise agreed, take any risk of deterioration in the goods necessarily incident to the course of transit.34. Buyer’s right of examining the goods
35. Acceptance
The buyer is deemed to have accepted the goods when he or she intimates to the seller that he or she has accepted them or when the goods have been delivered to him or her, and he or she does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, the buyer retains the goods without intimating to the seller that he or she has rejected them.36. Buyer is not bound to return rejected goods
Unless otherwise agreed, where goods are delivered to the buyer and he or she refuses to accept them, having the right so to do, he or she is not bound to return them to the seller; but it is sufficient if he or she intimates to the seller that he or she refuses to accept them.37. Liability of buyer for neglecting or refusing to take delivery of goods
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 or she is liable to the seller for any loss occasioned by his or her neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods; except that nothing in this section shall affect the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.Part V – Rights of unpaid seller against the goods
38. Unpaid seller defined
39. Rights of unpaid seller
Unpaid seller’s lien
40. Seller’s lien
41. Lien after part delivery
Where an unpaid seller has made part delivery of the goods, he or she may exercise his or her right of lien or retention on the remainder unless the part delivery has been made in such circumstances as to show an agreement to waive the lien or right of retention.42. Termination of lien
Stoppage in transitu
43. Right of stoppage in transitu
Subject to 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 to say, he or she may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.44. Duration of transit
45. Mode of stoppage in transitu
Resale by buyer or seller
46. Effect of subsale or pledge by buyer
Subject to 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 made, unless the seller has assented to that sale or other disposition; except that where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, then, if the last-mentioned transfer was by way of sale, the unpaid seller’s right of lien or retention or stoppage in transitu is defeated; and if the last-mentioned transfer was by way of pledge or other disposition for value, the unpaid seller’s right of lien or retention or stoppage in transitu can only be exercised subject to the rights of the transferee.47. Sale not generally rescinded by lien or stoppage in transitu
Part VI – Actions for breach of the contract
Remedies of the seller
48. Action for price
49. Action for nonacceptance
Remedies of the buyer
50. Action for nondelivery
51. Right to specific performance
52. Remedy for breach of warranty
53. Interest and special damages
Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.Part VII – Supplementary
54. Variation, etc. of implied rights
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 usage, if the usage is such as to bind both parties to the contract.55. Reasonable time
Where, by this Act, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.56. Rights, etc. enforceable by action
Where any right, duty or liability is declared by this Act, it may, unless otherwise by this Act provided, be enforced by action.57. Auction sales
58. Savings
History of this document
17 August 2018
Repealed by
Sale of Goods and Supply of Services Act, 2018
31 December 2000 this version
Consolidation
01 January 1932
Commenced
Cited documents 0
Documents citing this one 2
Legislation 2
1. | Sale of Goods and Supply of Services Act, 2018 | 5 citations |
2. | Patents Act | 2 citations |