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Sale of Goods Act 1896 – 29 August 2007

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A contract for the sale of goods may be conditional (upon an event occurring).

  • Sections 4, 8, 22

Goods necessary for life may be sold at a reasonable price to infants, persons suffering from a mental condition and those who are intoxicated.

  • Section 5

A buyer of goods is generally protected at law from acquiring perished goods.

  • Sections 9, 10

Where the price of goods is not specified in the contract of sale, the buyer must pay a reasonable price.

  • Section 11

If a buyer of goods accepts goods under a contract of sale, any breach of a contract condition may generally only be treated as a breach of a contract warranty.

  • Sections 14, 37, 54

There are a number of conditions implied into a contract for the sale of goods. One implied condition is that the seller has a right to sell the goods. Another implied condition is that the goods will be free from any charge or encumbrance in favour of a third party. Note: Implied conditions may be excluded by contract.

  • Sections 15, 17, 18, 25, 56

Where goods have transferred to a buyer pursuant to a contract of sale, the risk in the goods have passed to the buyer.

  • Sections 19, 20, 21, 23, 34, 35

When goods have been stolen and the offender is prosecuted to conviction, the goods which were stolen are to be returned to the rightful owner.

  • Section 26

When no time for sending goods is fixed under a contract of sale, the seller is bound to send them within a reasonable time.

  • Section 31

The expenses of putting goods into a deliverable state (pursuant to a contract of sale) are borne by the seller.

  • Sections 3, 31

When the seller delivers to the buyer a quantity of goods less than the seller contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered the buyer must pay for them at the contract rate.

  • Sections 32, 38

When the seller delivers to the buyer a quantity of goods larger than the seller contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or the buyer may reject the whole, or the buyer may accept the whole (and pay for the goods at the contract rate).

  • Sections 32, 38

The buyer of goods under a contract of sale shall take prompt delivery of goods or else risk liability to the seller for any loss occasioned by their neglect or refusal to take delivery. The buyer may also leave themselves open to pay the seller a reasonable charge for the ongoing care and custody of the goods, not to mention damages for non-acceptance.

  • Sections 39, 51

A seller of goods may generally retain goods under a contract of sale until they are in receipt of the full contract price. Note: retained goods may be resold by the seller where the goods are of perishable nature or after the seller has provided adequate notice (with reasonable time to pay) to the original buyer.

  • Sections 40, 41, 42, 43, 44, 48, 49

When, under a contract of sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may pursue an action against the buyer for the price of the goods.

  • Section 50

When, under a contract of sale, the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may pursue an action against the seller for damages for non-delivery.

  • Sections 52, 53

At an auction, a bidder may retract their bid up until such time as the auctioneer announces the completion of the auction by the fall of the hammer or other customary manner.

  • Section 59

It is unlawful for the seller (or their agent) to place a bid at an auction in circumstances where their right to do so is not expressly notified/reserved.

  • Section 59
Reason for law

To codify the law relating to the sale of goods. (Long Title of Act)

Relevant links

Legal obligations when selling [Queensland Government]

Critique

Section 28 contains the phrase ‘writ of fieri-facias’. This phrase may not be understood by members of the public.

Section 61 contains the phrase ‘law merchant’. This phrase may not be understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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