Queensland Consolidated Acts

SALE OF GOODS ACT 1896

- As at 29 August 2007 
- Act 6 of 1896 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Interpretation of terms

   PART 2 - FORMATION OF THE CONTRACT

           Division 1 - Contract of sale

   4.      Sale and agreement to sell
   5.      Capacity to buy and sell

           Division 2 - Formalities of the contract

   6.      Contract of sale, how made
   7.      (Repealed)

           Division 3 - Subject matter of contract

   8.      Existing or future goods
   9.      Goods which have perished
   10.     Goods perishing before sale, but after agreement to sell

           Division 4 - The price

   11.     Ascertainment of price
   12.     Agreement to sell at valuation

           Division 5 - Conditions and warranties

   13.     Stipulations as to time
   14.     When condition to be treated as warranty
   15.     Implied undertaking as to title etc.
   16.     Sale by description
   17.     Implied conditions as to quality or fitness

           Division 6 - Sale by sample

   18.     Sale by sample

   PART 3 - EFFECTS OF THE CONTRACT

           Division 1 - Transfer of property as between seller and buyer

   19.     Goods must be ascertained
   20.     Property passes when intended to pass
   21.     Rules for ascertaining intention
   22.     Reservation of right of disposal
   23.     Risk prima facie passes with property

           Division 2 - Transfer of title

   24.     Sale by person not the owner
   25.     Sale under voidable title
   26.     Revesting of property in stolen goods on conviction of offender
   27.     Seller or buyer in possession after sale
   28.     Effect of writs of execution

   PART 4 - PERFORMANCE OF THE CONTRACT

   29.     Duties of seller and buyer
   30.     Payment and delivery are concurrent conditions
   31.     Rules as to delivery
   32.     Delivery of wrong quantity
   33.     Instalment deliveries
   34.     Delivery to carrier
   35.     Risk where goods are delivered at distant place
   36.     Buyer’s right of examining the goods
   37.     Acceptance
   38.     Buyer not bound to return rejected goods
   39.     Liability of buyer for neglecting or refusing delivery of goods
           PART 5

           Division 1 - Rights of unpaid seller against the goods

   40.     Unpaid seller defined
   41.     Unpaid seller’s right

           Division 2 - Unpaid seller’s right of retention

   42.     Seller’s right of retention
   43.     Part delivery
   44.     Termination of right of retention

           Division 3 - Stoppage in transitu

   45.     Right of stoppage in transitu
   46.     Duration of transit
   47.     How stoppage in transitu is effected

           Division 4 - Resale by buyer or seller

   48.     Effect of sub-sale or pledge by buyer
   49.     Sale not generally rescinded by lien or stoppage in transitu

   PART 6 - ACTIONS FOR BREACH OF THE CONTRACT

           Division 1 - Remedies of the seller

   50.     Action for price
   51.     Damages for non-acceptance

           Division 2 - Remedies of the buyer

   52.     Damages for non-delivery
   53.     Specific performance
   54.     Remedy for breach of warranty
   55.     Interest and special damages

   PART 7 - SUPPLEMENTARY

   56.     Exclusion of implied terms and conditions
   57.     Reasonable time a question of fact
   58.     Rights etc. enforceable by action
   59.     Auction sales
   60.     (Repealed)
   61.     Savings