Victorian Current Acts

GOODS ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeals and savings  

   PART I--SALE OF GOODS

           Division 1--Preliminary

   3.      Definitions  
   4.      Savings  
   5.      Further savings  

           Division 2--Formation of the contract

   6.      Sale and agreement to sell  
   7.      Capacity to buy and sell  
   8.      Making of contract of sale  
   10.     Existing or future goods  
   11.     Goods perished at time of contract  
   12.     Goods perished after agreement to sell?  
   13.     Ascertainment of price  
   14.     Agreement to sell at valuation  
   15.     Stipulations as to time  
   16.     Treatment of condition as warranty  
   17.     Implied undertakings  
   18.     Sale by description  
   19.     Implied conditions as to quality or fitness  
   20.     Sale by sample  

           Division 3--Effects of the contract

   21.     Sale of unascertained goods  
   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.    Contract of sale for goods forming part of bulk quantity  
   26.     Savings  
   27.     Sale by person not the owner  
   29.     Sale under voidable title  
   30.     Seller in possession after sale  
   31.     Buyer in possession after sale  
   32.     Sale of wool  
   33.     Sale of sheep skins  

           Division 4--Performance of the contract

   34.     Duties of seller and buyer  
   35.     Payment and delivery  
   36.     Rules as to delivery  
   37.     Delivery of wrong quantity  
   38.     Instalment deliveries  
   39.     Delivery to carrier  
   40.     Goods delivered at distant place  
   41.     Buyer's right of examining goods  
   42.     Acceptance  
   43.     Buyer not bound to return rejected goods  
   44.     Failure to take delivery of goods  

           Division 5--Rights of unpaid seller against the goods

   45.     Definition of unpaid seller  
   46.     Unpaid seller's rights  
   47.     Unpaid seller's lien  
   48.     Part delivery  
   49.     Termination of lien  
   50.     Right of stoppage in transitu[1]  
   51.     Duration of transit  
   52.     Exercise of stoppage in transitu  
   53.     Effect of sub-sale or pledge by buyer[2]  
   54.     Sale not generally rescinded by lien or stoppage in transitu  

           Division 6--Actions for breach of the contract

   55.     Action for price  
   56.     Damages for non-acceptance  
   57.     Damages for non-delivery  
   58.     Specific performance  
   59.     Remedy for breach of warranty  
   60.     Interest and special damages  

           Division 7--Supplementary

   61.     Exclusion of implied terms and conditions  
   62.     Reasonable time a question of fact  
   63.     Rights etc. enforceable by action  
   64.     Auction sales  

   PART II--CONSIGNEES, MERCANTILE AGENTS, DOCUMENTS OF TITLE TO GOODS

   65.     Definitions  
   66.     Provisions as to consignees  
   67.     Powers of mercantile agents with respect to disposition of goods  
   68.     Further provisions with respect to mercantile agents  
   69.     Pledges by way of exchange protected  
   70.     Pledge for antecedent debt  
   71.     Transfer of document of title[3]  
   72.     Delivery of warrant for goods  
   81.     Saving of rights  

   PART III--EFFECT OF EXECUTION AND CONVICTION ON TITLE TO GOODS

   82.     Writs of execution  
   83.     Property obtained by wrongful means  
   83A.    Goods sold in execution  

   PART IV--VIENNA CONVENTION

   84.     Part binds the Crown  
   85.     Convention  
   86.     Convention to have the force of law  
   87.     Convention to prevail in event of inconsistency  
   88.     Evidence of certain matters  

   PART IVA--SEA-CARRIAGE DOCUMENTS

           Division 1--Preliminary

   89.     Definitions  
   90.     Electronic and computerised sea-carriage documents  
   91.     Application where goods have ceased to exist, or cannot be identified  

           Division 2--Rights under contracts of carriage

   92.     Transfer of rights  
   93.     Extinguishment of previous rights  

           Division 3--Liabilities under contracts of carriage

   94.     Transfer of liabilities  
   95.     Liability of original parties  

           Division 4--Evidence

   96.     Shipment under bills of lading  

   PART V--RIGHTS OF HIRERS UNDER HIRE-PURCHASE AGREEMENTS

   120.    Definitions  
   121.    Hirer's right to surplus if goods repossessed by owner  

   PART VI--TRANSITIONAL AND SAVING

   122.    Contracts to which Part IV of the Goods Act 1958 will still apply  
   123.    Transitional—Criminal Procedure Act 2009  
   124.    Saving provision for repeal of Sale of Goods (Vienna Convention) Act 1987  
   125.    Saving provision for repeal of Sea‑Carriage Documents Act 1998  
           SCHEDULE
           ENDNOTES