Exploring the Boundaries of Section 61 of the United Kingdom Sale of Goods Act 1979, Prior to the Textual Amendment

Abstract Section 61 of the Sale of Goods Act 1979 defines specific goods as “goods identified and agreed upon at the time of contracting.” This definition was later expanded by the textual amendment introduced through the Sale of Goods (Amendment) Act 1995 to include “an undivided share in an identified bulk.” The existing literature is not clear on the precise identification needed for goods to be deemed “specific.” The case law remains too fact-specific and provides only a fact-specific standard. After examining existing definitions and interpretations, the author proposes a refined definition for “specific goods,” according to which “specific goods” should be understood as “goods identified to such an extent that, if they were sold to a third party or lost, the buyer would be able to definitively recognise the goods as theirs.” Any broader or vaguer interpretation would risk obscuring the meaning of Section 61 and undermine its clarity.