Kenya Sale of goods Act

The Sale of Goods Act Chapter 31

The Kenya Sale of goods Act outlines the rules in regard to the sale and purchase of goods.Below is a list of the arrangement of sections in the Act.To download the Kenya Sale of goods Act, Click HERE


CHAPTER 31
THE SALE OF GOODS ACT
ARRANGEMENT OF SECTIONS
Part I—Preliminary
Section
1—Short title.
2—Interpretation.
Part II—Formation of the Contract
Contract of Sale
3—Sale and agreement to sell.
4—Capacity to buy and sell.
Formalities of the contract
5—Contract of sale, how made.
6—Contract of sale for ten pounds or more to be in writing.
Subject Matter of Contract
7—Existing or future goods.
8—Sale of perished goods.
9—Goods perished after agreement to sell.
The Price
10—Ascertainment of price.
11—Agreement to sell at valuation.
Conditions and Warranties
12—Stipulations as to time.
13—When condition to be treated as warranty.
14—Condition and warranties implied in contracts of sale.
15—Conditions implied by description.
16—No implied warranty as to fitness, except in certain cases.
Sale by Sample
17—Sale by sample.
Rev. 2009] Sale of Goods CAP. 31 3
Part III – Effects of the Contract
Section
Transfer of Property as between Seller and Buyer
18—Property in unascertained goods.
19—Property in specific or ascertained goods passes when
intended to pass.
20—Rules for ascertaining intention as to time when property
passes.
21—Reservation by seller of right of disposal.
22—Risk prima facie passes with property.
Transfer of Title
23—Sale by person not the owner.
24—Sale under voidable title.
25—Revesting of property in stolen goods on conviction of
offender.
26—Resale of goods in certain cases.
27—Effect of writs of execution.
Part IV—Performance of the Contract
28—Duties of seller and buyer.
29—Payment and delivery concurrent conditions.
30—Rules as to delivery.
31—Delivery of wrong quantity or description.
32—Delivery by instalments.
33—Delivery to carrier as buyer’s agent.
34—Risk where goods delivered elsewhere than at place of sale.
35—Buyer’s right of examining the goods.
36—Acceptance.
37—Buyer is not bound to return rejected goods.
38—Liability of buyer for neglecting or refusing delivery of
goods.
Part V—Rights of Unpaid Seller Against the Goods
39—Unpaid seller defined.
40—Rights of unpaid seller.
Unpaid Seller’s Lien
41—Seller’s lien.
42—Lien after part delivery.
4 CAP. 31 Sale of Goods [Rev. 2009
Section
43—Termination of lien.
Stoppage in Transitu
44—Right of stoppage in transitu
45—Duration of transit.
46—Mode of stoppage in transitu
Resale by Buyer or Seller
47—Effect of subsale or pledge by buyer.
48—Effect on sale of exercise of lien or stoppage in transitu.
Part VI—Actions for Breach of the Contract
Remedies of the Seller
49—Action for price.
50—Action for non-acceptance.
Remedies of the Buyer
51—Action for non-delivery.
52—Right to specific performance.
53—Remedy for breach of warranty.
54—Interest and special damages.
Part VII—Supplementary
55—Variation, etc., of implied rights.
56—Reasonable time.
57—Rights, etc., enforceable by action.
58—Auction sales.
59—Savings.