Western Australian Consolidated Acts

SALE OF GOODS ACT 1895

TABLE OF PROVISIONS

           Long Title

   PART I -- Formation of the contract  

   1.      Sale and agreement to sell  
   2.      Capacity to buy and sell  
   3.      Contract of sale, how made  
   4.      Contract for sale of $20 and upwards  
   5.      Existing or future goods  
   6.      Goods perishing before contract is made  
   7.      Goods perishing before sale but after agreement to sell  
   8.      Ascertainment of price  
   9.      Agreement to sell at valuation  
   10.     Stipulations as to time  
   11.     When condition to be treated as warranty  
   12.     Implied undertakings as to title etc.  
   13.     Sale by description  
   14.     Implied conditions as to quality or fitness  
   15.     Sale by sample  

   PART II -- Effects of the contract  

   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  
   21.     Sale by person not the owner  
   22.     Market overt  
   23.     Sale under voidable title  
   24.     Revesting of property in stolen goods on conviction of offender  
   25.     Seller or buyer in possession after sale  

   PART III -- 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 IV -- Rights of unpaid seller against the goods  

   38.     Unpaid seller defined  
   39.     Unpaid seller’s rights  
   40.     Seller’s lien  
   41.     Exercise of lien where part delivery  
   42.     Termination of lien  
   43.     Right of stoppage in transitu  
   44.     Duration of transit  
   45.     How stoppage in transitu is effected  
   46.     Effect of sub-sale or pledge by buyer  
   47.     Sale not generally rescinded by lien or stoppage in transitu  

   PART V -- Actions for breach of the contract  

   48.     Action for price  
   49.     Damages for non-acceptance  
   50.     Damages for non-delivery  
   51.     Specific performance  
   52.     Remedy for breach of warranty  
   53.     Interest and special damages  

   PART VI -- Supplementary  

   54.     Exclusion of implied terms and conditions  
   55.     Reasonable time a question of fact  
   56.     Rights etc. enforceable by action  
   57.     Auction sales  
   58.     Repeals  
   59.     Savings  
   60.     Terms used in this Act  
   61.     Commencement  
   62.     Short title  
           SCHEDULE
           
[Reprinted under the Reprints Act 1984 as at 26 January 2007 Contract of sale]