(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 be done negligently or not.

(3) A person is deemed to be insolvent within the meaning of this Act who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he has become a notour bankrupt 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.

63. This Act shall come into operation on the first day of CommenceJanuary one thousand eight hundred and ninety-four.

64. This Act may be cited as the Sale of Goods Act, 1893.

ment.

Short title.

SCHEDULE.

This schedule is to be read as referring to the revised edition of the statutes prepared under the direction of the Statute Law Committee.

Section 60.

19 & 20 Vict. c. 60 The Mercantile Law Amendment (Scotland)

when buyer is bound to, 523, 533, 534, 539.

a refusal to, must be made within a reasonable time, 543.
rights to refuse to accept, or to deliver are mutual, 546.

ACCEPTANCE AND RECEIPT. See FORMALITIES,
difference between "acceptance" and "receipt," 17, 31.
what constitutes an acceptance, 19.

what constitutes an actual receipt, 26.

carrier not an agent to accept, 18, 23, 138.
See CONSTRUCTIVE POSSESSION CAPACITY.

ACCOUNT,

running between seller and buyer, 359, 434.
See PAYMENT.

ACTION AT LAW,

property may pass by, 173.

to recover the price, 523.

to recover back money paid, 188, 190, 194, 256, 532, 546.
for damages where there was a breach of warranty, 538.
or set-off where there was a breach of warranty, 538.
against the seller for not delivering, 523, 531.
against the buyer for not accepting, 522, 533.

where performance is impossible, 522.

where either party refuses to perform his part before the time
for performance has arrived, 523.

where credit has been given, 488, 526.
for breach of warranty, 213, 488, 536.
for specific performance, 530.

"AD IDEM,"

parties not, 111, 177, 178.

ADULTERATION OF FOOD, 263.

AFTER-ACQUIRED PROPERTY,

promise to assign, 145, 270, 271, 292.

AGENT,

broker is an, for both parties, to sign, 83.

authorized to sign under the s. 4 of the Sale of Goods Act, 76.

the signature to the memorandum under s. 4, may be
the signature either of the party himself or of his
agent, 71.

one contracting party cannot be an agent to sign a memorandum
of a contract for the other, even if expressly authorized, sed
quære, 76, 77.

is liable on a contract made in his own name, but evidence may
be given to show that his principal is a party too, 58, 91.
set-off of a debt due from the agent, against a debt due to the
principal, 92.

authorized to make a contract, and merely authorized to sign a
memorandum of one made, distinction between, 77, 78.

revocation of agency under Factors Acts, 467.

definition of agent under the Factors Acts, 468.

to forward, may become an agent to hold for the buyer, 379,
394, 395.

the carrier does not lose his lieu by becoming so, 398.

giving samples, part delivery, &c., are no more than evidence
of an agreement to hold the residue as agent of the buyer,
402.

merely authorized to take possession of goods can maintain no
action in his own name for any wrong done to the goods, 421.
unless he is the assignee of a bill of lading, 421.

consigning to a principal, 239, 241, n., 310, 351.
principal consigning to an, 154, 310, 349.

seller's agent may stop in transitu, 350, 351.

measure of damages where an agent consigns to a principal, 554.
"intrusted," who is, under the Factors Acts, 460, 466, 469.

a merchant's clerk is not, 464, n.

a wharfinger is not, 469.

insolvent, purchasing for a solvent principal, 501.

See also AUCTIONEER, BROKER, FACTOR, BAILEE, CAPACITY,
STOPPAGE IN TRANSITU.

AGREEMENT,

what agreements are within Statute of Frauds and s. 4 of the
Sale of Goods Act. See also FORMALITIES.

executed, and executory, defined. Introduc. ix., 129, 131, n., 282.
between seller and buyer may be equivalent to an actual
delivery, though the goods remain in the seller's custody, 26,
362, 363.

between holder of goods and buyer may terminate the transitus,
380, 398.

between consignor and carrier may prevent goods in the hands.
of carrier from ever being in transitu, 151, 412.

between consignor and carrier, effect of on vesting of property,
148. See also CAPACITY.

to sell goods may amount to a sale, or remain executory, 136.
to assign after-acquired property, 145, 270, 292.

when the undertakings of the seller and buyer are independent
and when dependent, 483, 506.

operation in law of an agreement for sale, 266.

where the parties intended to contract, but by mistake had not
done so, 175.

entered into by means of a fraud, 173.

for sale remains executory whilst any conditions precedent are
unfulfilled, express conditions, 130, 181, 209.

implied conditions, 181.

rules for ascertaining what are, 175. See CONTRACT

OF SALE.

"ALL FAULTS," SALE OF, WITH,

meaning of, 537.

ANTECEDENT DEBT,

pledge for an, under the Factors Acts, 473.

ANTICIPATION OF THE TERMINATION OF THE TRANSITUS,

403.

APPARENT AUTHORITY, 474, 496.

APPARENT POSSESSION, 458, 474, 496.

APPROPRIATION OF GOODS. See also SALE.

meaning of, 136, n.

of specific goods, requisite to make a sale, 132
made by mistake, 143.

may be made subsequently to the contract, 137.

may be by the assent of both parties, 137, 140.

or by the determination of an election, 141.

is generally made by delivery to a carrier, 138, 147, 148, 150,

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