Contents (1923 - 1)
Sale of Goods Act 1923 No 1
Status information

Long title

Part 1 Preliminary

1 Name of Act and commencement
2 (Repealed)
3 Repeals
4 Savings
5 Definitions

Part 2 Formation of the contract

6 Sale and agreement to sell
7 Capacity to buy and sell
8 Contract of sale how made
9 (Repealed)
10 Existing or future goods
11 Goods which have perished
12 Goods perishing before sale but after agreement to sell
13 Ascertainment of price
14 Agreement to sell at valuation
15 Stipulation as to time
16 When condition to be treated as warranty
17 Implied undertaking as to title etc
18 Sale by description
19 Implied condition as to quality or fitness
20 Sale by sample

Part 3 Effects of the contract

21 Goods must be ascertained
22 Property passes when intended to pass
23 Rules for ascertaining intention
24 Reservation of right of disposal
25 Risk prima facie passes with property
25A Contracts of sale for goods forming part of bulk quantity
26 Sale by person not the owner
27 Sale under voidable title
28 Seller or buyer in possession after sale
29 (Repealed)

Part 4 Performance of the contract

30 Duties of seller and buyer
31 Payment and delivery are concurrent conditions
32 Rules as to delivery
33 Delivery of wrong quantity or mixed goods
34 Instalment deliveries
35 Delivery to carrier
36 Risk where goods are delivered at distant place
37 Buyer’s right of examining the goods
38 Acceptance
39 Buyers not bound to return rejected goods
40 Liability of buyer for neglecting or refusing delivery of goods

Part 5 Rights of unpaid seller against the goods

41 Unpaid seller defined
42 Unpaid seller’s rights
43 Seller’s lien
44 Part delivery
45 Termination of lien
46 Right of stoppage in transitu
47 Duration of transit
48 How stoppage in transitu is effected
49 Effect of subsale or pledge by buyer
50 Sale not generally rescinded by lien or stoppage in transitu

Part 5A

50A–50C(Repealed)

Part 6 Actions for breach of the contract

51 Action for price
52 Damages for non-acceptance
53 Damages for non-delivery
54 Remedy for breach of warranty
55 Interest and special damages
56 Saving of proceedings in equity

Part 7 Supplemental

57 Exclusion of implied terms and conditions
58 Reasonable time a question of fact
59 Rights etc enforceable by action
60 Auction sales
61 Draft allowance on wool and sheep skins

Part 8 Consumer sales

62 Definition
63 Onus of proving that a sale is not a consumer sale
64 Conditions and warranties in contracts for consumer sales
65 Savings and transitional provisions

 Schedule 1 Repeals

 Schedule 2 Savings and transitional provisions

Historical notes