Sale of Goods Act 1895 (WA)

Western Australia Sale of Goods Act 1895 Western Australia Sale of Goods Act 1895 Contents Part I — Formation of the contract Division 1 — Contract of sale 1. Sale and agreement to sell 2 2. Capacity to buy and sell 2 Division 2 — Formalities of the contract 3. Contract of sale, how made 3 4. Contract for sale of $20 and upwards 3 Division 3 — Subject matter of contract 5. Existing or future goods 4 6. Goods perishing before contract is made 4 7. Goods perishing before sale but after agreement to sell 4 Division 4 — The price 8. Ascertainment of price 4 9. Agreement to sell at valuation 5 Division 5 — Conditions and warranties 10. Stipulations as to time 5 11. When condition to be treated as warranty 5 12. Implied undertakings as to title etc. 6 13. Sale by description 6 14. Implied conditions as to quality or fitness 7 Division 6 — Sale by sample 15. Sale by sample 8 Part II — Effects of the contract Division 1 — Transfer of property as between seller and buyer 16. Goods must be ascertained 9 17. Property passes when intended to pass 9 18. Rules for ascertaining intention 9 19. Reservation of right of disposal 11 20. Risk, prima facie, passes with property 11 Division 2 — Transfer of title 21. Sale by person not the owner 12 22. Market overt 12 23. Sale under voidable title 12 24. Revesting of property in stolen goods on conviction of offender 12 25. Seller or buyer in possession after sale 13 Part III — Performance of the contract 27. Duties of seller and buyer 15 28. Payment and delivery are concurrent conditions 15 29. Rules as to delivery 15 30. Delivery of wrong quantity 16 31. Instalment deliveries 16 32. Delivery to carrier 17 33. Risk where goods are delivered at distant place 17 34. Buyer's right of examining the goods 18 35. Acceptance 18 36. Buyer not bound to return rejected goods 18 37. Liability of buyer for neglecting or refusing delivery of goods 18 Part IV — Rights of unpaid seller against the goods Division 1 — General 38. Unpaid seller defined 19 39. Unpaid seller's rights 19 Division 2 — Unpaid seller's lien 40. Seller's lien 20 41. Exercise of lien where part delivery 20 42. Termination of lien 20 Division 3 — Stoppage in transitu 43. Right of stoppage in transitu 21 44. Duration of transit 21 45. How stoppage in transitu is effected 22 Division 4 — Re-sale by buyer or seller 46. Effect of sub‑sale or pledge by buyer 23 47. Sale not generally rescinded by lien or stoppage in transitu 23 Part V — Actions for breach of the contract Division 1 — Remedies of the seller 48. Action for price 25 49. Damages for non‑acceptance 25 Division 2 — Remedies of the buyer 50. Damages for non‑delivery 26 51. Specific performance 26 52. Remedy for breach of warranty 26 53. Interest and special damages 27 Part VI — Supplementary 54. Exclusion of implied terms and conditions 28 55. Reasonable time a question of fact 28 56. Rights etc. enforceable by action 28 57. Auction sales 28 58. Repeals 29 59. Savings 29 60. Terms used in this Act 30 61. Commencement 31 62. Short title 31 Schedule — Imperial Acts that cease to apply Notes Compilation table 33 Defined terms Western Australia Sale of Goods Act 1895 An Act for codifying the law relating to the sale of goods.