Sale of Goods Act 1896 (Tas)

Sale of Goods Act 1896

An Act for codifying the law relating to the sale of goods [Royal Assent 2 October 1896]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Formation of the Contract

1. Short title This Act may be cited as the Sale of Goods Act 1896 .

2. Commencement This Act shall come into operation on the first day of January 1897.

3. Interpretation (1) In this Act, unless the contrary intention appears – 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 has the same meaning as it has in the Factors Act 1891 ; fault means wrongful act or default; future goods means goods to be manufactured or acquired by the seller after the making of the contract for sale; goods includes 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 counter-claiming; 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 means goods identified and agreed upon at the time a contract of sale is made; and 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 bankrupt 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. (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.