Western Australian Current Acts

SALE OF GOODS ACT 1895

TABLE OF PROVISIONS

           Long Title

   PART I -- Formation of the contract

           Division 1 -- Contract of sale  

   1.      Sale and agreement to sell
            
   2.      Capacity to buy and sell

           Division 2 -- Formalities of the contract  

   3.      Contract of sale, how made
            
   4.      Contract for sale of $20 and upwards

           Division 3 -- Subject matter of contract  

   5.      Existing or future goods
            
   6.      Goods perishing before contract is made
            
   7.      Goods perishing before sale but after agreement to sell

           Division 4 -- The price  

   8.      Ascertainment of price
            
   9.      Agreement to sell at valuation

           Division 5 -- Conditions and warranties  

   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

           Division 6 -- Sale by sample  

   15.     Sale by sample

   PART II -- Effects of the contract

           Division 1 -- Transfer of property as between seller and buyer  

   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

           Division 2 -- Transfer of title  

   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

           Division 1 -- General  

   38.     Unpaid seller defined
            
   39.     Unpaid seller’s rights

           Division 2 -- Unpaid seller’s lien  

   40.     Seller’s lien
            
   41.     Exercise of lien where part delivery
            
   42.     Termination of lien

           Division 3 -- Stoppage in transitu  

   43.     Right of stoppage in transitu
            
   44.     Duration of transit
            
   45.     How stoppage in transitu is effected

           Division 4 -- Re-sale by buyer or seller  

   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

           Division 1 -- Remedies of the seller  

   48.     Action for price
            
   49.     Damages for non-acceptance

           Division 2 -- Remedies of the buyer  

   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
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