New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, if not inconsistent with the context,—
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 to goods includes any bill of lading, dock warrant, warehouse keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented
Fault means wrongful act or default
Future goods means goods to be manufactured or acquired by the seller after the making of the contract of sale
goods includes—
(a) all chattels personal other than money or choses in action; and
(b) emblements, growing crops, and things attached to or forming part of the land that are agreed to be severed before sale or under the contract of sale; and
(c) to avoid doubt, computer software
goods: this definition was substituted, as from 8 July 2003, by section 3 Sale of Goods Amendment Act 2003 (2003 No 35).
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 on 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
Writ of execution means any writ of sale, warrant of distress, or other writ or warrant of execution under which chattels of any kind may be seized or taken to satisfy process issued out of any Court.
(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 is 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 bankruptcy 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.
Compare: 1895 No 23 s 2
