Section 3
Section 3
(1)
In this Act, unless the context otherwise requires-
"action" includes counterclaim and set-off;
"business" includes a profession and the activities of any government department 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 individualsdesiringto obtain credit -
(a)
to persons carrying on any business so far as it relates.to the provision of credit; or
(b)
to other persons brokerage;
engaged credit
III
Sale of Goods
CAP. 170 7
"delivery" means voluntary transfer of possession from one person to another;
"document of title" includes any bill oflading, dock warrant, warehouse-keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;
"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 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 claimant and defendant counter-claiming;
"property"
means the general property in goods, and not merely a special property;
"quality", in relation to goods, includes their state or condition;
"sale" includes a bargain and sale as well as a sale and delivery ;
B.L.R.O.///999
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Sale a/Goods
Contract of sale
"seller" means a person who sells or agrees to sell goods;
"specific goods" means goods identified and agreed on at the time a contract of sale is made;
"warranty"
means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
(2)
A thing is deemed to be done in good faith within the meaning of this Act when it is in fact done honestly, whether it is done negligently or not.
(3)
A person is deemed to be insolvent within the meaning of this Act if has either ceased to pay his debts in the ordinary course of business or he cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not.
(4)
Goods are in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them.