• Specific Year
    Any

SALE OF GOODS ACT 1895

Table of Provisions

PART A1--Preliminary

A1 Short title A2 Interpretation

PART 1--Formation of the contract

Division 1--Contract of sale

  • 1 Sale and agreement to sell
  • 2 Capacity to buy and sell

Division 2--Formalities of the contract

  • 3 Contract of sale, how made

Division 3--Subject matter of contract

  • 5 Existing or future goods
  • 6 Goods which have perished
  • 7 Goods perishing before sale but after agreement to sell

Division 4--Price

  • 8 Ascertainment of price
  • 9 Agreement to sell at valuation

Division 5--Conditions and warranties

  • 10 Stipulations as to time
  • 11 When conditions to be treated as warranty
  • 12 Implied undertaking as to title etc
  • 13 Sale by description
  • 14 Implied conditions as to quality or fitness

Division 6--Sale by sample

  • 15 Sale by sample

PART 2--Effects of the contract

Division 1--Transfer of property between seller and buyer

  • 16 Goods must be ascertained
  • 17 Property passes when intended to pass
  • 18 Rules for ascertaining intention
  • 19 Reservation of right of disposal
  • 20 Risk prima facie passes with property
  • 20A Contracts of sale for goods forming part of bulk

Division 2--Transfer of title

  • 21 Sale by person not the owner
  • 22 Market overt
  • 23 Sale under voidable title
  • 24 Re-vesting of property in stolen goods on conviction of offender
  • 25 Seller or buyer in possession after sale
  • 26 Effect of writs of execution

PART 3--Performance of the contract

  • 27 Duties of seller and buyer
  • 28 Payment and delivery are concurrent conditions
  • 29 Rules as to delivery
  • 30 Delivery of wrong quantity
  • 31 Instalment deliveries
  • 32 Delivery to carrier
  • 33 Risk where goods are delivered at distant place
  • 34 Buyer's right of examining the goods
  • 35 Acceptance
  • 36 Buyer not bound to return rejected goods
  • 37 Liability of buyer for neglecting or refusing delivery of goods

PART 4--Rights of unpaid seller against the goods

Division 1--Unpaid seller's rights

  • 38 Unpaid seller defined
  • 39 Unpaid seller's rights

Division 2--Unpaid seller's lien

  • 40 Seller's lien
  • 41 Part delivery
  • 42 Termination of lien

Division 3--Stoppage in transitu

  • 43 Right of stoppage in transitu
  • 44 Duration of transit
  • 45 How stoppage in transitu is effected

Division 4--Re-sale by buyer or seller

  • 46 Effect of sub-sale or pledge by buyer
  • 47 Sale not generally rescinded by lien or stoppage in transitu

PART 5--Actions for breach of the contract

Division 1--Remedies of seller

  • 48 Action for price
  • 49 Damages for non-acceptance

Division 2--Remedies of buyer

  • 50 Damages for non-delivery
  • 51 Specific performance
  • 52 Remedy for breach of warranty
  • 53 Interest and special damages

PART 6--Supplementary

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