Q&As

Are contracts for the supply of fuel covered by the Sale of Goods Act 1979 or other similar legislation?

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Published on LexisPSL on 04/10/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Are contracts for the supply of fuel covered by the Sale of Goods Act 1979 or other similar legislation?

This answer will therefore discuss the Sale of Goods Act 1979 (SGA 1979) and the Supply of Goods and Services Act 1982 (SGSA 1982) only.

There are four conditions for a contract to qualify as a contract for the sale of goods under SGA 1979:

  1. the contract must be for goods

  2. the seller must undertake an obligation to transfer property in the goods to the buyer

  3. there must be money consideration payable to the seller, and

  4. there must be a link between the transfer of title and the money consideration, ie the buyer must be paying for the title to the goods

In SGA 1979, goods are defined broadly to include:

‘all personal chattels other than things in action and money…. 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 [and includes an undivided share in goods;' (s 61).

For further information, see Commentary: Mea

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