638890-1896-Ordinances-Nos-5-6-7-and-8-of-1896-assented-to- — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, 18TH APRIL, 1896.

Title.

No. 7 or 1896.

An Ordinato enacted by the Governor of Hong-

kone.

vite and consent of the

Legislative Council thereof, for codifying the Law relating to the Sale of Goods.

WILLIAM ROBINSON,

Goerinar.

Salo and

Agreenient to Bell.

Asyncing ra Luy and sell.

Contract of sale, how

1.

Contract of evle ter 1 doliure and upwards.

[16th April, 1896.]

E in cuanied by the Governor of Hongkong, with the advice and consent of the Legislative Council thercof, 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 ar operes to transfer the property in goods to the bayer for a mungy consideration, called the price. There may be a contract of sale between one part owner and another.

(2) 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 seli 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 neccssuries are sold and delivered to an inftat, 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 verlon meno goods suitable to the condition in 1 fsel what or minor or other person, and to his actual requiccidents at the time of the sale and delivery.

Formakties of the Contract.

3. Bubpet to the provisions of this Ordinance and of any ennetient la Phat beholf, a contract of sale may be made in writing (irker with or without scal), or by word of mouth, or partly in wriding and partly by word of mouth, or may be 'Duplied 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 value of one hundred dollars or upwards shall not be enforceable by action tuloss the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the cntract, or in part payment, or unless some note or numerandme in writing of the contract be made and signed by the party to be charged or his agent in that bebulf.