The Sale of Goods Act.-1895. 49. (1) Where the buyer wrongfully neglects or refuses to PART V. accept and pay for the goods, the seller may maintain an action Damages for nonagainst him for damages for non-acceptance. acceptance. sec. 50. (2) The measure of damages is the estimated loss directly and 56 & 57 Vic., ch. 71, naturally resulting, in the ordinary course of events, from the buyer's breach of contract. (3) Where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept. Remedies of the Buyer. delivery. 50. (1) Where the seller wrongfully neglects or refuses to Damages for nondeliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract. Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver. Ib., sec. 51. 51. In any action for breach of contract to deliver specific or Specific performance. ascertained goods the Court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree direct that the contract 56 & 57 Vic., sec. 52. shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, and otherwise as to the Court may seem just, and the application by the plaintiff may be made at any time before judgment or decree. warranty. 52. (1) Where there is a breach of warranty by the seller, or Remedy for breach of where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may (a) Set up against the seller the breach of warranty in diminution. or extinction of the price; or (b) Maintain an action against the seller for damages for the breach of warranty: (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty. (3) In 56 & 57 Vic., sec. 53. PART V. Interest and special damages. The Sale of Goods Act.-1895. (3) In the case of breach of warranty of quality, such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. (4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage. 53. Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case where by 56 & 57 Vic., ch. 71, law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed. sec. 54. FART VI. Exclusion of implied terms and conditions. Ib., sec. 55. Reasonable time a question of fact. Ib., sec. 56. Rights, &c., enforceable by action. Ib., sec. 57. Auction sales. Ib., sec. 58. PART VI. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 55. Where by this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. 56. Where any right, duty, or liability is declared by this Act, it may, unless otherwise by this Act provided, be enforced by action. 57. In the case of a sale by auction- (1) Where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid. (3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer. (4) A sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller. Where The Sale of Goods Act.-1895. Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction. PART VI. 56 & 57 Vic., ch. 71, 58. The enactments mentioned in the Schedule to this Act shall Repeals. have no force or effect within the Province of South Australia as from the commencement of this Act, to the extent in that sec. 60. Schedule mentioned: Provided that nothing herein contained shall Schedule altered. affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest. 59. (1) The rules in insolvency relating to contracts of sale Savings. shall continue to apply thereto, notwithstanding anything in this Act contained. (2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, 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. (3) Nothing in this Act or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods, which is not expressly repealed by this Act. (4) The provisions of this Act 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. Ib., sec. 61, 60. (1) In this Act, unless the context or subject-matter other- Interpretation of wise requires "Action" includes counter-claim 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 to goods" has the same meaning as it has in "The Mercantile Law Amendment Act, 1861": "Fault" means wrongful act or default: "Future goods" mean goods to be manufactured or acquired by "Goods" include all chattels personal other than things in terms. Ib., sec. 62, altered. PART VI. Commencement. Short title. The Sale of Goods Act.-1895. "Plaintiff" includes defendant counter-claiming: 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" mean 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 Act when it is in fact done honestly, whether it be done negligently or not. (3) A person is deemed to be insolvent within the meaning of this Act 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 insolvency or not, and whether he has become an insolvent or not. (4) Goods are in a “deliverable state" within the meaning of this Act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. 61. This Act shall come into operation on the first day of January, one thousand eight hundred and ninety-six. 62. This Act may be cited as "The Sale of Goods Act, 1895." In the name and on behalf of Her Majesty, I hereby assent to SCHEDULE. |