1Short title and commencement
This Act may be cited as the Goods Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
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This Act may be cited as the Goods Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2(1) repealed by No. 63/2010 s. 15.
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Except as in this Act expressly or by necessary implication provided—
all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation decision power agreement contract warrant condition warranty approval lien pledge assent authority proceeding notice defence liability or right made effected issued granted given passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
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Part I—Sale of goods
Division 1—Preliminary
No. 3694 s. 3.
In this Part unless inconsistent with the context or subject-matter—
action includes counterclaim and set-off;
buyer means a person who buys or agrees to buy goods;
contract of sale includes an agreement to sell as well as a sale;
delivery means voluntary transfer of possession from one person to another;
document of title has the same meaning as it has in Part II of this Act;
fault means wrongful act or default;
S. 3(1) def. of future goods amended by No. 6867 s. 2.
future goods means goods to be manufactured or acquired by the seller after the making of the contract for sale;
goods includes all chattels personal other than things in action and money. The term includes emblements and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;
mercantile agent has the same meaning as it has in Part II of this Act;
plaintiff includes defendant counterclaiming;
property means the general property in goods and not merely a special property;
quality of goods includes their state or condition;
sale includes a bargain and sale as well as a sale and delivery;
seller means a person who sells or agrees to sell goods;
specific goods means goods identified and agreed upon at the time a contract of sale is made;
warranty means an agreement with reference to goods which are the subject of a contract of sale but collateral to the main purpose of such contract the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated.
A thing is deemed to be done in good faith within the meaning of this Part when it is in fact done honestly whether it be done negligently or not.
A person is deemed to be bankrupt within the meaning of this Part who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due whether he has committed an act of bankruptcy or not.
Goods are in a deliverable state within the meaning of this Part when they are in such a state that the buyer would under the contract be bound to take delivery of them.
No. 3694 s. 4.
The rules in bankruptcy relating to contracts of sale shall continue to apply thereto notwithstanding anything in this Part contained.
The rules of the common law including the law merchant save in so far as they are inconsistent with the express provisions of this Part 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.
No. 3694 s. 5.
Nothing in this Part or in any repeal effected by this Act shall affect the enactments relating to bills of sale contracts of sale followed by contracts of letting and hiring liens on crops liens on wool stock mortgages or assignments of book debts or any enactment relating to the sale of goods which is not expressly repealed by this Act.
The provisions of this Part 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.
Division 2—Formation of the contract
Contract of Sale
No. 3694 s. 6.
A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another.
A contract of sale may be absolute or conditional.
Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell.
An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred.
No. 3694 s. 7.
S. 7 amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 4).
Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property: Provided that where necessaries are sold and delivered to a minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract he must pay a reasonable price therefor.
Necessaries in this section mean goods suitable to the condition in life of such minor or other person and to his actual requirements at the time of the sale and delivery.
Formalities of the Contract
No. 3694 s. 8.
Subject to the provisions of this Part and of any Act in that behalf a contract of sale may be made in writing (either with or without seal) or by word of mouth or partly in writing and partly by word of mouth or may be implied from the conduct of the parties: Provided that nothing in this section shall affect the law relating to corporations.
S. 9 repealed by No. 35/1987 s. 9.
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Subject-matter of Contract
No. 3694 s. 10.
The goods which form the subject of a contract of sale may be either existing goods owned or possessed by the seller or future goods.
There may be a contract for the sale of goods the acquisition of which by the seller depends upon a contingency which may or may not happen.
Where by a contract of sale the seller purports to effect a present sale of future goods the contract operates as an agreement to sell the goods.
No. 3694 s. 11.
Where there is a contract for the sale of specific goods, and the goods without the knowledge of the seller have perished at the time when the contract is made the contract is void.
No. 3694 s. 12.
Where there is an agreement to sell specific goods, and subsequently the goods without any fault on the part of the seller or buyer perish before the risk passes to the buyer, the agreement is thereby avoided.
The Price
No. 3694 s. 13.
The price in a contract of sale may be fixed by the contract or may be left to be fixed in manner thereby agreed or may be determined by the course of dealing between the parties.
Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
No. 3694 s. 14.
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