Sale of Goods Act 1908

Public Act	1908 No 168
Date of assent	4 August 1908

Note

This Act is administered in the Ministry of Commerce

Title

1 Short Title, etc

2 Interpretation

Part 1
Formation of the contract

Contract of sale

3 Sale and agreement to sell

4 Capacity to buy and sell

Formalities of the contract

5 Contract of sale, how made

6 Contract of sale for $20 and upwards [Repealed]

Subject-matter of contract

7 Existing or future goods

8 Goods which have perished

9 Goods perishing before sale but after agreement to sell

The price

10 Ascertainment of price

11 Agreement to sell at valuation

Conditions and warranties

12 Stipulations as to time

13 When condition to be treated as warranty

14 Implied undertaking as to title, etc

15 Sale by description

16 Implied conditions as to quality or fitness

Sale by sample

17 Sale by sample

Part 2
Effects of the contract

Transfer of property as between seller and buyer

18 Goods must be ascertained

19 Property passes when intended to pass

20 Rules for ascertaining intention

21 Reservation of right of disposal

22 Risk prima facie passes with property

Transfer of title

23 Sale by person not the owner

24 Market overt

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 3
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 delivered at distant place

36 Buyer's right of examining goods

37 Acceptance

38 Buyer not bound to return rejected goods

39 Liability of buyer for neglecting or refusing delivery

Part 4
Rights of unpaid seller against the goods

40 Unpaid seller defined

41 Unpaid seller's rights

Unpaid seller's lien

42 Unpaid seller's lien

43 Part delivery

44 Termination of lien

Stoppage in transitu

45 Right of stoppage in transitu

46 Duration of transit

47 How stoppage in transitu effected

Resale by buyer or seller

48 Effect of subsale or pledge by buyer

49 Sale not generally rescinded by lien or stoppage in transitu

Part 5
Actions for breach of the contract

Remedies of the seller

50 Action for price

51 Damages for non-acceptance

Remedies of the buyer

52 Damages for non-delivery

53 Specific performance

54 Remedy for breach of warranty

55 Interest and special damages, or recovery of money paid

Part 6
Supplementary

56 Exclusion of implied terms and conditions

56A Exclusion where Consumer Guarantees Act 1993 applies

57 Reasonable time a question of fact

58 Rights and duties under Act enforceable by action

59 Auction sales

60 Savings

Schedule
Enactments consolidated

An Act to consolidate certain enactments of the General Assembly relating to the sale of goods

New Zealand Legislation: Acts

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Sale of Goods Act 1908 No 168 (as at 03 September 2007), Public Act

Sale of Goods Act 1908

Note

Contents

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