New South Wales Consolidated Acts

SALE OF GOODS ACT 1923 - SECT 5

5 Definitions

(1) In this Act, unless the context or subject-matter otherwise requires:

"Action" includes set-off and cross action pleaded by way of 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.

"Court" means the court, judge, arbitrator, or person before whom a legal proceeding is held or taken.

"Delivery" means voluntary transfer of possession from one person to another.

"Document of title to goods" includes any bill of lading, dock warrant, warehouse-keepers' certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise either by endorsement or delivery, the possessor of the document to transfer or receive goods thereby represented.

"Fault" means wrongful act or default.

"Future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale.

"Goods" include 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.

"Plaintiff" includes defendant counter-claiming or pleading a set-off or cross-action by way of set-off.

"Property" means the general property in goods and not merely a special property.

"Quality of goods" includes the 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.

"Sheriff" includes any officer charged with enforcement of a writ of execution.

"Specific goods" means goods identified and agreed upon at the time a contract of sale is made.

"Suit" includes set-off and counter-claim.

"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 Act when it is in fact done honestly, whether it be done negligently or not.

(3) A person is deemed to be insolvent within the meaning of this Act who either has ceased to pay his or her debts in the ordinary course of business or cannot pay his or her debts as they become due, whether the person has committed an act of bankruptcy or not.

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