Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the context or subject matter otherwise requires —
action includes counter-claim and 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;
delivery means voluntary transfer of possession
from one person to another;
document of title to goods has the same meaning as
it has in The Factors Acts 1823 to 1878 2 , or any Act amending or substituted
for the same;
fault means wrongful act or default;
future goods mean 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, industrial growing
crops, 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 counterclaiming;
property means the general property in goods, and
not merely a special property;
quality of goods includes their 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;
specific goods mean goods identified and agreed
upon at the time a contract of sale is made;
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 debts in the ordinary course of business, or cannot pay his debts as they
become due, whether he has committed an act of bankruptcy or not, and whether
he has become bankrupt 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.
[Section 60 amended: No. 46 of 2009 s. 17.]