Page:Sale of Goods Act 1979.pdf/24

Part VII

Rights etc. enforceable by action. 60. Where a right, duty or liability is declared by this Act, it may (unless otherwise provided by this Act) be enforced by action.

Interpretation. 61.—(1) In this Act, unless the context or subject matter otherwise requires,―

“action” includes counterclaim and set-off, and in Scotland condescendence and claim and compensation;

“business” includes a profession and the activities of any government department (including a Northern Ireland department) or local or public authority;

“buyer” means a person who buys or agrees to buy goods;

“contract of sale” includes an agreement to sell as well as a sale;

“credit-broker” means a person acting in the course of a business of credit brokerage carried on by him, that is a business of effecting introductions of individuals desiring to obtain credit—

(a) to persons carrying on any business so far as it relates to the provision of credit, or

(b) to other persons engaged in credit brokerage;

“defendant” includes in Scotland defender, respondent, and claimant in a multiplepoinding;

“delivery” means voluntary transfer of possession from one person to another;

“document of title to goods” has the same meaning as it has in the Factors Acts;

“Factors Acts” means the 1889 c. 45.
1890 c. 40.Factors Act 1889, the Factors (Scotland) Act 1890, and any enactment amending or substituted for the same;

“fault” means wrongful act or default;

“future goods” means goods to be manufactured or acquired by the seller after the making of the contract of sale;

“goods” includes all personal chattels other than things in action and money, and in Scotland all corporeal moveables except money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;

“plaintiff” includes pursuer, complainer, claimant in a multiplepoinding and defendant or defender counterclaiming;