SCHEDULES
SCHEDULE 1
Modification of Act for Certain Contracts
Preliminary
1.—(1) This Schedule modifies this Act as it applies to contracts of sale of goods made on certain dates.
(2) In this Schedule references to sections are to those of this Act and references to contracts are to contracts of sale of goods.
(3) Nothing in this Schedule affects a contract made before 1 January 1894.
Section 11: condition treated as warranty
2. In relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967, in section 11(4) after “or part of them,” insert “or where the contract is for specific goods, the property in which has passed to the buyer,”.
Section 12: implied terms about title etc.
3. In relation to a contract made before 18 May 1973 substitute the following for section 12:—
- Implied terms about title, etc.
- 12. In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is—
- (a) an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass;
- (b) an implied warranty that the buyer will have and enjoy quiet possession of the goods;
- (c) an implied warranty that the goods will be free from any charge or encumbrance in favour of any third party, not declared or known to the buyer before or at the time when the contract is made.
Section 13: sale by description
4. In relation to a contract made before 18 May 1973, omit section 13(3).
Section 14: quality or fitness (i)
