Victorian Consolidated Legislation

Goods Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Part unless inconsistent with the context or subject-matter-

action includes counterclaim and set-off;

buyer means a person who buys or agrees to buy goods;

contract of sale includes an agreement to sell as well as a sale;

delivery means voluntary transfer of possession from one person to another;

document of title has the same meaning as it has in Part II of this Act;

fault means wrongful act or default;

future goods means goods to be manufactured or acquired by the seller after
the making of the contract for sale;

goods includes all chattels personal other than things in action and money.
The term includes emblements and things attached to or forming part of the
land which are agreed to be severed before sale or under the contract of sale;

mercantile agent has the same meaning as it has in Part II of this Act;

plaintiff includes defendant counterclaiming;

property means the general property in goods and not merely a special
property;

quality of goods includes their state or condition;

sale includes a bargain and sale as well as a sale and delivery;

seller means a person who sells or agrees to sell goods;

specific goods means goods identified and agreed upon 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 Part
when it is in fact done honestly whether it be done negligently or not.

(3) A person is deemed to be bankrupt within the meaning of this Part 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.

(4) Goods are in a deliverable state within the meaning of this Part when they
are in such a state that the buyer would under the contract be bound to take
delivery of them.