Arrangement of Provisions

PART I

CONTRACTS TO WHICH ACT APPLIES

1 Contracts to which Act applies

PART II

FORMATION OF THE CONTRACT
CONTRACT OF SALE

2 Contract of sale

3 Capacity to buy and sell

FORMALITIES OF CONTRACT

4 How contract of sale is made

SUBJECT MATTER OF CONTRACT

5 Existing or future goods

6 Goods which have perished

7 Goods perishing before sale but after agreement to sell

THE PRICE

8 Ascertainment of price

9 Agreement to sell at valuation

CONDITIONS AND WARRANTIES

10 Stipulations about time

11 When condition to be treated as warranty

12 Implied terms about title, etc.

13 Sale by description

14 Implied terms about quality or fitness

SALE BY SAMPLE

15 Sale by sample

MISCELLANEOUS

15A Modification of remedies for breach of condition in non-consumer cases

PART III

EFFECTS OF THE CONTRACT
TRANSFER OF PROPERTY AS 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 Undivided shares in goods forming part of bulk

20B Deemed consent by co-owner to dealings in bulk goods

TRANSFER OF TITLE

21 Sale by person not the owner

22

23 Sale under voidable title

24 Seller in possession after sale

25 Buyer in possession after sale

26 Supplementary to sections 24 and 25

PART IV

PERFORMANCE OF THE CONTRACT

27 Duties of seller and buyer

28 Payment and delivery are concurrent conditions

29 Rules about 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 goods

35 Acceptance

35A Right of partial rejection

36 Buyer not bound to return rejected goods

37 Buyer’s liability for not taking delivery of goods

PART V

RIGHTS OF UNPAID SELLER AGAINST THE GOODS
PRELIMINARY

38 Unpaid seller defined

39 Unpaid seller’s rights

40

UNPAID SELLER’S LIEN

41 Seller’s lien

42 Part delivery

43 Termination of lien

STOPPAGE IN TRANSIT

44 Right of stoppage in transit

45 Duration of transit

46 How stoppage in transit is effected

RE-SALE, ETC., BY BUYER

47 Effect of sub-sale, etc., by buyer

RECISSION: AND RE-SALE BY SELLER

48 Rescission: and re-sale by seller

PART VI

ACTIONS FOR BREACH OF THE CONTRACT
SELLER’S REMEDIES

49 Action for price

50 Damages for non-acceptance

BUYER’S REMEDIES

51 Damages for non-delivery

52 Specific performance

53 Remedy for breach of warranty

INTEREST, ETC.

54 Interest, etc.

PART VII

SUPPLEMENTARY

55 Exclusion of implied terms

56 Conflict of laws

57 Auction sales

58

59 Reasonable time a question of fact

60 Rights, etc., enforceable by action

61 Interpretation

62 Savings: rules of law, etc.

63 Short title

THE SCHEDULE

MODIFICATION OF ACT FOR CERTAIN CONTRACTS

LEGISLATION HISTORY