Australian Capital Territory Current Acts

SALE OF GOODS ACT 1954 - SECT 51

    (1)     Subject to this section, a contract of sale is not rescinded by a mere exercise by an unpaid seller of the unpaid seller's right of lien or stoppage in transitu .

    (2)     If an unpaid seller who has exercised the unpaid seller's right of lien or stoppage in transitu resells the goods, the buyer acquires a good title to them as against the original buyer.

    (3)     If the goods are of a perishable nature or the unpaid seller gives notice to the buyer of the unpaid seller's intention to resell and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell and recover from the original buyer damages for any loss occasioned by the original buyer's breach of contract.

    (4)     If the seller expressly reserves a right of resale in case the buyer should make default and, on the buyer making default, resells the goods, the original contract of sale is thereby rescinded but without prejudice to any claim the seller may have for damages.