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AustraliaLegislation | Goods Act 1958 (Vic)

Act 6265/1958

 

Section 1 Short 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.

 

Part 1 Sale of Goods

Division 1 - Preliminary

Section 3 Definitions

(1) 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;

"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.

(2) 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.

(3) 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.

(4) 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.

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Division 2 - Formation of the contract

Section 6 Sale and agreement to sell

Section 7 Capacity to buy and sell

(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property: Provided that where necessities are sold and delivered to an infant or minor or to a person who, by reason of mental incapacity or drunkeness, is incompetent to contract, he must pay a reasonable price therefor.

(2) Necessities in this section mean goods suitable to the condition in life of such infant or minor or other person and to his actual requirements at the time of such sale and delivery.

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Section 16 Treatment of condition as warranty

(1) Where a contract of sale is subject to any condition to be fulfilled by the seller the buyer may waive the condition or may elect to treat the breach of such conditions as a breach of warranty and not as a ground for treating the contract as repudiated.

(2) Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated, or a warranty the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract.

(3) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, or where the contract is for specific goods the property in which has passed to the buyer, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated unless there be a term of the contract express or implied to that effect.

(4) Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.

 

Section 17 Implied undertakings

In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is -

(a) an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass;

(b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods;

(c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.

 

Section 18 Sale by description

When there is a contract for the sale of goods by description there is an implied condition that the goods shall correspond with the description; and if the sale be by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

 

Section 19 Implied conditions as to quality or fitness

Subject to the provisions of this Part and of any Act in that behalf there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows -

(a) where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose: Provided that in the case of a contract for the sale of a specified article under its patent or other trade name there is no implied condition as to its fitness for any particular purpose;

(b) where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not) there is an implied condition that the goods shall be of merchantable quality: Provided that if the buyer has examined the goods there shall be no implied condition as regards defects which such examination ought to have revealed;

(c) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;

(d) an express warranty or condition does not negative a warranty or condition implied by this Part unless inconsistent therewith.

 

Section 20 Sale by sample

(1) A contract of sale is a contract for sale by sample where there is a term in the contract express or implied to that effect.

(2) In the case of a contract for sale by sample -

(a) there is an implied condition that the bulk shall correspond with the sample in quality;

(b) there is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample;

(c) there is an implied condition that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.

 

Division 3 - Effects of the contract

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Division 4 - Performance of the contract

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Division 5 - Rights of unpaid seller against the goods

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Division 6 - Actions for breach of the contract

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Division 7 - Supplementary

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Part II Consignees, mercantile agents, documents of title to goods

 

Part III Effect of execution and conviction on title to goods

 

Part IV Vienna Convention

 

Part IVA Sea Carriage documents

 

Part V Rights of hirers under hire-purchase agreements

 

Part VI Transitional and saving