Sale of Goods Act 1908

  • repealed
  • Sale of Goods Act 1908: repealed, on 1 September 2017, by section 345(1)(i) of the Contract and Commercial Law Act 2017 (2017 No 5).

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Sale of Goods Act 1908

Public Act
 
1908 No 168
Date of assent
 
4 August 1908
Commencement
 
4 August 1908

Sale of Goods Act 1908: repealed, on 1 September 2017, by section 345(1)(i) of the Contract and Commercial Law Act 2017 (2017 No 5).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title
2Interpretation
Part 1
Formation of the contract
Contract of sale
3Sale and agreement to sell
4Capacity to buy and sell
Formalities of the contract
5Contract of sale, how made
6Contract of sale for £10 and upwards [Repealed]
Subject matter of contract
7Existing or future goods
8Goods which have perished
9Goods perishing before sale but after agreement to sell
The price
10Ascertainment of price
11Agreement to sell at valuation
Conditions and warranties
12Stipulations as to time
13When condition to be treated as warranty
14Implied undertaking as to title, etc
15Sale by description
16Implied conditions as to quality or fitness
Sale by sample
17Sale by sample
Part 2
Effects of the contract
Transfer of property as between seller and buyer
18Goods must be ascertained
19Property passes when intended to pass
20Rules for ascertaining intention
21Reservation of right of disposal
22Risk prima facie passes with property
Transfer of title
23Sale by person not the owner
24Market overt
25Sale under voidable title
26Revesting of property in stolen goods on conviction of offender
27Seller or buyer in possession after sale
28Effect of writs of execution
Part 3
Performance of the contract
29Duties of seller and buyer
30Payment and delivery are concurrent conditions
31Rules as to delivery
32Delivery of wrong quantity
33Instalment deliveries
34Delivery to carrier
35Risk where goods are delivered at distant place
36Buyer’s right of examining the goods
37Acceptance
38Buyer not bound to return rejected goods
39Liability of buyer for neglecting or refusing delivery of goods
Part 4
Rights of unpaid seller against the goods
40Unpaid seller defined
41Unpaid seller’s rights
Unpaid seller’s lien
42Unpaid seller’s lien
43Part delivery
44Termination of lien
Stoppage in transitu
45Right of stoppage in transitu
46Duration of transit
47How stoppage in transitu is effected
Resale by buyer or seller
48Effect of subsale or pledge by buyer
49Sale not generally rescinded by lien or stoppage in transitu
Part 5
Actions for breach of the contract
Remedies of the seller
50Action for price
51Damages for non-acceptance
Remedies of the buyer
52Damages for non-delivery
53Specific performance
54Remedy for breach of warranty
55Interest and special damages
Part 6
Supplementary
56Exclusion of implied terms and conditions
56AExclusion where Consumer Guarantees Act 1993 applies
57Reasonable time a question of fact
58Rights and duties under Act enforceable by action
59Auction sales [Repealed]
60Savings
Schedule
Enactments consolidated
Layby Sales Act 1971
Reprint notes

An Act to consolidate certain enactments of the Parliament of New Zealand relating to the sale of goods

Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114).