THE HONGKONG GOVERNMENT GAZETTE, 15ти FEBRUARY, 1896.
Section.
PART V.
ACTIONS FOR BREACH OF THE CONTRACT.
Remedies of the Seller.
48. Action for price.
49. Damages for non-acceptance.
50. Damages for non-delivery.
Remedies of the Buyer.
51.
Specific performance.
52.
Remedy for breach of warranty.
53.
Interest and special damages.
PART VI.
54.
55.
SUPPLEMENTARY.
Exclusion of implied terms and conditions.
Reasonable time a question of fact.
56. Rights and duties under Ordinance enforceable by
action.
57. Auction sales.
58. Repeals.
59. Savings.
60. Interpretation of terms.
61.
Commencement.
62. Short title.
SCHEDULE.
A BILL
ENTITLED
An Ordinance for codifying the Law relating to the Sale of Goods.
E it enacted by the Governor of Hongkong, with the
Beatrice and consent of the Legislative Council thereof,
as follows:-
PART I.
FORMATION OF THE CONTRACT. Contract of Sale.
1. (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price. There may be a contract of sale between one part owner and another.
(3) A contract of sale may be absolute or conditional.
(3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell.
(4) An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.
2. Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.
Provided that where necessaries are sold and delivered to an infant, or minor, or to a person who by reason of mental incapacity or drunkenness is incompetent to con- tract, he must pay a reasonable price therefor.
Necessaries in this section mean goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery.
Formalities of the Contract.
3. Subject to the provisions of this Ordinance and of any enactment in that behalf, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.
Provided that nothing in this section shall affect the law relating to corporations.
4. (1) A contract for the sale of any goods of the valne of one hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Title.
Sale and agresinent to Bell.
Capacity to buy and sell.
Contract of sale, how rache,
Contrast of Kale for 100 dollars and upwards.
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