Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The rules in
bankruptcy relating to contracts of sale shall continue to apply thereto,
notwithstanding anything in this Act contained.
(2) The rules of the
common law, including the law merchant, save in so far as they are
inconsistent with the express provisions of this Act, and in particular the
rules relating to the law of principal and agent and the effect of fraud,
misrepresentation, duress, or coercion, mistake, or other invalidating cause,
shall continue to apply to contracts for the sale of goods.
(3) Nothing in this
Act, or in any repeal effected thereby, shall affect the enactments relating
to bills of sale, or any enactment relating to the sale of goods which is not
expressly repealed by this Act.
(4) The provisions of
this Act relating to contracts of sale do not apply to any transaction in the
form of a contract of sale which is intended to operate by way of mortgage,
pledge, charge, or other security or under which a pawnbroker receives goods
and the seller has a right to buy back the goods.
[Section 59 amended by No. 88 of 1994
s. 100.]