South Australian Consolidated Acts

SALE OF GOODS ACT 1895

TABLE OF PROVISIONS

           Long Title

   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
           
A1—Short
           
This Act may be cited as the Sale of Goods Act 1895.

           
A2—Interpretation

           
 (1) In this Act, unless the context or subject-matter otherwise
           
"action" includes counter-claim and set-off;

           
"bulk", in relation to goods, means a mass or collection of
           
 (a) of the same kind; and

           
 (b) contained in a defined space or area; and

           
 (c) interchangeable with other goods of the same kind of the same number
           
"buyer" means a person who buys or agrees to buy
           
"contract of sale" includes an agreement to sell as well as a
           
"delivery" means voluntary transfer of possession from one
           
"document of title to goods" has the same meaning as it has in
           
"fault" means wrongful act or default;

           
"future goods" mean goods to be manufactured or acquired by the
           
"goods" include all chattels personal other than things in
           
"plaintiff" includes defendant counter-claiming;

           
"property" means the general property in goods, and not merely
           
"quality of goods" includes their state or condition;

           
"sale" includes a bargain and sale as well as a sale and
           
"seller" means a person who sells or agrees to sell
           
"specific goods" mean goods identified and agreed upon at the
           
"warranty" means an agreement with reference to goods which are
           
 (2) A thing is deemed to be done in "good faith" within the
           
 (3) A person is deemed to be insolvent within the meaning of this Act who
           
 (4) Goods are in a "deliverable state" within the meaning of