Full legislation
s.62
Saving
(1)
The rules in bankruptcy relating to contracts of sale shall continue to apply
thereto, notwithstanding anything in this Ordinance.
(2)
The rules of the common law, including the law merchant, save in so far as they
are inconsistent with the express provisions of this Ordinance, and in particular
the rules relating to the law of principal and agent, and the effect of fraud,
misrepresentation, duress or coercion, mistake, or other invalidating cause, shall
continue to apply to contracts for the sale of goods.
(3)
Nothing in this Ordinance or in any repeal effected thereby shall affect the
enactments relating to bills of sale, or any enactment relating to the sale of goods
which is not expressly repealed by this Ordinance.
(4)
The provisions of this Ordinance relating to contracts of sale do not apply to
any transaction in the form of a contract of sale which is intended to operate by
way of mortgage, pledge, charge, or other security.
(5)
(Repealed
59 of 1989 s. 20
)
(6)
The amendments of this Ordinance made by the Sale of Goods (Amendment)
Ordinance 1977 (
58 of 1977
) shall not apply to
contracts to which this Ordinance applies which were entered into prior to the date
of
commencement
#
of that Ordinance; and all such contracts shall continue to be governed by the
provisions of this Ordinance in operation immediately prior to the date of
commencement
#
of the Sale of
Goods (Amendment) Ordinance 1977 (
58 of 1977
).
(Added
58 of 1977 s. 10
)