The Sale of Goods Act, 1893, Including the Factors Acts, 1889 & 1890

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^ BuUen and Leake, Free, of Plead., 3rd ed., p. 151 ; Benjamin on Sale, 2nd ed., p. 2; Ilarrison v. iii/.e (1845), 14 M. & W. 139; French Civil Code, art. 1702.
CONTRACT OF SALE. 5 consideration for such transfer consists partly of goods and partly of Sect. 1.
money, it seems that the contract is a contract of sale.^ • When a statute refers in terms to contracts of sale (as, for instance, the Statute of Frauds and the Stamp Act), It seems clear that it would have no application to contracts of
...exchange. Sect. 5 of Factors Act, 1889, post, p. 132, for its special purpose, draws a distinction between sales and exchanges. But, apart from statute, it seems that rules of law relating to sales apply in general to contracts of barter or exchange ; but the question has been by no means fully worked out.'' The Bill originally contained a clause applying its provisions mutatis mutandis to exchanges, but the clause was cut out by the Commons Select Committee.
The distinction between sale and exchange seems a universal one.


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