Western Australian Current Acts

SALE OF GOODS ACT 1895 - SECT 4

4 .         Contract for sale of $20 and upwards

        (1)         A contract for the sale of any goods of the value of $20 or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.

        (2)         The provisions of this section apply to every such contract, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.

        (3)         There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognises a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.

        [Section 4 amended: No. 113 of 1965 s. 8(1).]

        [Heading inserted: No. 19 of 2010 s. 44(2).]