Sale of Goods Act 1923 (NSW)

Sale of Goods Act 1923 No 1

An Act to codify and amend the law relating to the Sale of Goods.

Part 1 Preliminary

1 Name of Act and commencement (1) This Act may be cited as the Sale of Goods Act 1923. (2) This Act shall come into operation on the first day of January, one thousand nine hundred and twenty-four.

2 (Repealed)

3 Repeals (1) The enactments mentioned in Schedule 1 are to the extent therein expressed hereby repealed. (2) The repeal shall not affect anything done or suffered or any right title or interest acquired or accrued before the commencement of this Act or any legal proceeding or remedy in respect of any such thing right title or interest.

4 Savings (1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto notwithstanding anything in this Act contained. (2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress, or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods, provided that there shall not be deemed to be or to have been any market overt in New South Wales. (2A) Without affecting the generality of subsection (2), the rules of equity relating to the effect of misrepresentation apply to contracts for the sale of goods, but such a contract may be rescinded under those rules for a misrepresentation even though either or both of the following apply: (a) the misrepresentation has become a term of the contract, (b) the contract has been performed. (3) Nothing in this Act, or in any repeal effected thereby, shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Act. (4) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security. (5) Nothing in this Act shall be construed as excluding a right to treat a contract of sale as repudiated for a sufficiently serious breach of a stipulation that is neither a condition nor a warranty but is an intermediate stipulation.