Victorian Consolidated Legislation

GOODS ACT 1958

No. 6265 of 1958
Version incorporating amendments as at 7 September 2007

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repeals and savings

   PART I-SALE OF GOODS

           Division 1-Preliminary

   3.      Definitions
   4.      Savings
   5.      Further savings

           Division 2-Formation of the contract
           Contract of Sale

   6.      Sale and agreement to sell
   7.      Capacity to buy and sell
           Formalities of the Contract
   8.      Making of contract of sale
   9.      Repealed
           Subject-matter of Contract
   10.     Existing or future goods
   11.     Goods perished at time of contract
   12.     Goods perished after agreement to sell?
           The Price
   13.     Ascertainment of price
   14.     Agreement to sell at valuation
           Conditions and Warranties
   15.     Stipulations as to time
   16.     Treatment of condition as warranty
   17.     Implied undertakings
   18.     Sale by description
   19.     Implied conditions as to quality or fitness
           Sale by Sample
   20.     Sale by sample

           Division 3-Effects of the contract
           Transfer of Property as between Seller and Buyer

   21.     Sale of unascertained goods
   22.     Property passes when intended to pass
   23.     Rules for ascertaining intention
   24.     Reservation of right of disposal
   25.     Risk prima facie passes with property
           Transfer of Title
   26.     Savings
   27.     Sale by person not the owner
   28.     Repealed
   29.     Sale under voidable title
   30.     Seller in possession after sale
   31.     Buyer in possession after sale
           Contracts for the Sale of Wool or Sheep Skins
   32.     Sale of wool
   33.     Sale of sheep skins

           Division 4-Performance of the contract

   34.     Duties of seller and buyer
   35.     Payment and delivery
   36.     Rules as to delivery
   37.     Delivery of wrong quantity
   38.     Instalment deliveries
   39.     Delivery to carrier
   40.     Goods delivered at distant place
   41.     Buyer's right of examining goods
   42.     Acceptance
   43.     Buyer not bound to return rejected goods
   44.     Failure to take delivery of goods

           Division 5-Rights of unpaid seller against the goods

   45.     Definition of unpaid seller
   46.     Unpaid seller's rights
           Unpaid Seller's Lien
   47.     Unpaid seller's lien
   48.     Part delivery
   49.     Termination of lien
           Stoppage in transitu
   50.     Right of stoppage in transitu
   51.     Duration of transit
   52.     Exercise of stoppage in transitu
           Re-sale by Buyer or Seller
   53.     Effect of sub-sale or pledge by buyer
   54.     Sale not generally rescinded by lien or stoppage in transitu

           Division 6-Actions for breach of the contract
           Remedies of the Seller

   55.     Action for price
   56.     Damages for non-acceptance
           Remedies of the Buyer
   57.     Damages for non-delivery
   58.     Specific performance
   59.     Remedy for breach of warranty
           Interest and Special Damages
   60.     Interest and special damages

           Division 7-Supplementary

   61.     Exclusion of implied terms and conditions
   62.     Reasonable time a question of fact
   63.     Rights etc. enforceable by action
   64.     Auction sales

   PART II-CONSIGNEES, MERCANTILE AGENTS, DOCUMENTS OF TITLE TO GOODS, BILLS OF LADING

   65.     Definitions
   66.     Provisions as to consignees
   67.     Powers of mercantile agents with respect to disposition of goods
   68.     Further provisions with respect to mercantile agents
   69.     Pledges by way of exchange protected
   70.     Pledge for antecedent debt
   71.     Transfer of document of title
   72.     Delivery of warrant for goods
           73, 74. Repealed
   75.     Signing untrue bills of lading
   76.     Definition of port
   77.     Person signing can exonerate himself
   78.     Dealing with untrue bills of lading
   79.     Bill of lading not invalidated by improper signature
   80.     Penalties
   81.     Saving of rights

   PART III-EFFECT OF EXECUTION AND CONVICTION ON TITLE TO GOODS

   82.     Writs of execution
   83.     Property obtained by wrongful means
   83A.    Goods sold in execution

   PART IV-Repealed

           84-119. Repealed

   PART V-RIGHTS OF HIRERS UNDER HIRE-PURCHASE AGREEMENTS

   120.    Definitions
   121.    Hirer's right to surplus if goods repossessed by owner

   PART VI-TRANSITIONAL AND SAVING

   122.    Contracts to which Part IV of the Goods Act 1958 will
           still apply
           __________________
           SCHEDULE-Repeals
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details