New South Wales Consolidated Acts

SALE OF GOODS ACT 1923

- As at 30 January 2012 
- Act 1 of 1923 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act and commencement
   2.      (Repealed)
   3.      Repeals
   4.      Savings
   5.      Definitions

   PART 2 - FORMATION OF THE CONTRACT

   6.      Sale and agreement to sell
   7.      Capacity to buy and sell
   8.      Contract of sale how made
   9.      (Repealed)
   10.     Existing or future goods
   11.     Goods which have perished
   12.     Goods perishing before sale but after agreement to sell
   13.     Ascertainment of price
   14.     Agreement to sell at valuation
   15.     Stipulation as to time
   16.     When condition to be treated as warranty
   17.     Implied undertaking as to title etc
   18.     Sale by description
   19.     Implied condition as to quality or fitness
   20.     Sale by sample

   PART 3 - EFFECTS OF THE CONTRACT

   21.     Goods must be ascertained
   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
   25A.    Contracts of sale for goods forming part of bulk quantity
   26.     Sale by person not the owner
   27.     Sale under voidable title
   28.     Seller or buyer in possession after sale
   29.     (Repealed)

   PART 4 - PERFORMANCE OF THE CONTRACT

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

   PART 5 - RIGHTS OF UNPAID SELLER AGAINST THE GOODS

   41.     Unpaid seller defined
   42.     Unpaid seller's rights
   43.     Seller's lien
   44.     Part delivery
   45.     Termination of lien
   46.     Right of stoppage in transitu
   47.     Duration of transit
   48.     How stoppage in transitu is effected
   49.     Effect of subsale or pledge by buyer
   50.     Sale not generally rescinded by lien or stoppage in transitu

   PART 5A - (Repealed)
   None

   PART 6 - ACTIONS FOR BREACH OF THE CONTRACT

   51.     Action for price
   52.     Damages for non-acceptance
   53.     Damages for non-delivery
   54.     Remedy for breach of warranty
   55.     Interest and special damages
   56.     Saving of proceedings in equity

   PART 7 - SUPPLEMENTAL

   57.     Exclusion of implied terms and conditions
   58.     Reasonable time a question of fact
   59.     Rights etc enforceable by action
   60.     Auction sales
   61.     Draft allowance on wool and sheep skins

   PART 8 - CONSUMER SALES

   62.     Definition
   63.     Onus of proving that a sale is not a consumer sale
   64.     Conditions and warranties in contracts for consumer sales
   65.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2