Sale of Goods Act 1895 (SA)

South Australia Sale of Goods Act 1895 An Act for codifying the law relating to the sale of goods.

Contents Part A1—Preliminary A1 Short title A2 Interpretation Part 1—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 Division 3—Subject matter of contract 5 Existing or future goods 6 Goods which have perished 7 Goods perishing before sale but after agreement to sell Division 4—Price 8 Ascertainment of price 9 Agreement to sell at valuation Division 5—Conditions and warranties 10 Stipulations as to time 11 When conditions to be treated as warranty 12 Implied undertaking 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 2—Effects of the contract Division 1—Transfer of property 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 20A Contracts of sale for goods forming part of bulk Division 2—Transfer of title 21 Sale by person not the owner 22 Market overt 23 Sale under voidable title 24 Re-vesting of property in stolen goods on conviction of offender 25 Seller or buyer in possession after sale 26 Effect of writs of execution Part 3—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 4—Rights of unpaid seller against the goods Division 1—Unpaid seller's rights 38 Unpaid seller defined 39 Unpaid seller's rights Division 2—Unpaid seller's lien 40 Seller's lien 41 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is effected Division 4—Re-sale by buyer or seller 46 Effect of sub-sale or pledge by buyer 47 Sale not generally rescinded by lien or stoppage in transitu Part 5—Actions for breach of the contract Division 1—Remedies of seller 48 Action for price 49 Damages for non-acceptance Division 2—Remedies of buyer 50 Damages for non-delivery 51 Specific performance 52 Remedy for breach of warranty 53 Interest and special damages Part 6—Supplementary 54 Exclusion of implied terms and conditions 55 Reasonable time a question of fact 56 Rights etc enforceable by action 57 Auction sales 57A Avoidance of provision for draft allowance 57B Avoidance of provision for draft allowance on sheep skins 58 Repeals 59 Savings Schedule—Imperial Acts of no force or effect in South Australia Legislative history