THE SALE OF GOODS ACT, 1930

ACT NO. 3 OF 1930 · Enacted [15th March, 1930.] · 67 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Definitions.

Section 3.Application of provisions of Act 9 of 1872.

FORMATION OF THE CONTRACT — Contract of Sale

Section 4.Sale and agreement to sell.

FORMATION OF THE CONTRACT — Formalities of the Contract

Section 5.Contract of sale how made.

FORMATION OF THE CONTRACT — Subject-matter of contract

Section 6.Existing or future goods.

Section 7.Goods perishing before making of contract.

Section 8.Goods perishing before sale but after agreement to sell.

FORMATION OF THE CONTRACT — The price

Section 9.Ascertainment of price.

Section 10.Agreement to sell at valuation.

FORMATION OF THE CONTRACT — Conditions and warranties

Section 11.Stipulations as to time.

Section 12.Condition and warranty.

Section 13.When condition to be treated as warranty.

Section 14.Implied undertaking as to title, etc.

Section 15.Sale by description.

Section 16.Implied conditions as to quality or fitness.

Section 17.Sale by sample.

EFFECTS OF THE CONTRACT — Transfer of property as between seller and buyer

Section 18.Goods must be ascertained.

Section 19.Property passes when intended to pass.

Section 20.Specific goods in a deliverable state.

Section 21.Specific goods to be put into a deliverable state.

Section 22.Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price.

Section 23.Sale of unascertained goods and appropriation.

Section 24.Goods sent on approval or “on sale or return”.

Section 25.Reservation of right of disposal.

Section 26.Risk prima facie passes with property.

EFFECTS OF THE CONTRACT — Transfer of title

Section 27.Sale by person not the owner.

Section 28.Sale by one of joint owners.

Section 29.Sale by person in possession under voidable contract.

Section 30.Seller or buyer in possession after sale.

PERFORMANCE OF THE CONTRACT

Section 31.Duties of seller and buyer.

Section 32.Payment and delivery are concurrent conditions.

Section 33.Delivery.

Section 34.Effect of part delivery.

Section 35.Buyer to apply for delivery.

Section 36.Rules as to delivery.

Section 37.Delivery of wrong quantity.

Section 38.Instalment deliveries.

Section 39.Delivery to carrier or wharfinger.

Section 40.Risk where goods are delivered at distant place.

Section 41.Buyer’s right of examining the goods.

Section 42.Acceptance.

Section 43.Buyer not bound to return rejected goods.

Section 44.Liability of buyer for neglecting or refusing delivery of goods.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS

Section 45.“Unpaid seller” defined.

Section 46.Unpaid seller’s rights.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS — Unpaid seller’s lien

Section 47.Seller’s lien.

Section 48.Part delivery.

Section 49.Termination of lien.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS — Stoppage in transit

Section 50.Right of stoppage in transit.

Section 51.Duration of transit.

Section 52.How stoppage in transit is effected.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS — Transfer by buyer and seller

Section 53.Effect of sub-sale or pledge by buyer.

Section 54.Sale not generally rescinded by lien or stoppage in transit.

SUITS FOR BREACH OF THE CONTRACT

Section 55.Suit for price.

Section 56.Damages for non-acceptance.

Section 57.Damages for non-delivery.

Section 58.Specific performance.

Section 59.Remedy for breach of warranty.

Section 60.Repudiation of contract before due date.

Section 61.Interest by way of damages and special damages.

MISCELLANEOUS

Section 62.Exclusion of implied terms and conditions.

Section 63.Reasonable time a question of fact.

Section 64.Auction sale.

Section 64A.In contracts of sale, amount of increased or decreased taxes to be added or deducted.

Section 65.[Repealed.].

Section 66.Savings.