Goods Act 1958 (Vic)

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Version No. 112

Goods Act 1958

No. 6265 of 1958

Version incorporating amendments as at


1 July 2015

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeals and savings

Part I—Sale of goods

Division 1—Preliminary

3Definitions

4Savings

5Further savings

Division 2—Formation of the contract

Contract of Sale

6Sale and agreement to sell

7Capacity to buy and sell

Formalities of the Contract

8Making of contract of sale

Subject-matter of Contract

10Existing or future goods

11Goods perished at time of contract

12Goods perished after agreement to sell?

The Price

13Ascertainment of price

14Agreement to sell at valuation

Conditions and Warranties

15Stipulations as to time

16Treatment of condition as warranty

17Implied undertakings

18Sale by description

19Implied conditions as to quality or fitness

Sale by Sample

20Sale by sample

Division 3—Effects of the contract

Transfer of Property as between Seller and Buyer

21Sale of unascertained goods

22Property passes when intended to pass

23Rules for ascertaining intention

24Reservation of right of disposal

25Risk prima facie passes with property

25AContract of sale for goods forming part of bulk quantity

Transfer of Title

26Savings

27Sale by person not the owner

29Sale under voidable title

30Seller in possession after sale

31Buyer in possession after sale

Contracts for the Sale of Wool or Sheep Skins

32Sale of wool

33Sale of sheep skins

Division 4—Performance of the contract

34Duties of seller and buyer

35Payment and delivery

36Rules as to delivery

37Delivery of wrong quantity

38Instalment deliveries

39Delivery to carrier

40Goods delivered at distant place

41Buyer's right of examining goods

42Acceptance

43Buyer not bound to return rejected goods

44Failure to take delivery of goods

Division 5—Rights of unpaid seller against the goods

45Definition of unpaid seller

46Unpaid seller's rights

Unpaid Seller's Lien

47Unpaid seller's lien

48Part delivery

49Termination of lien

Stoppage in transitu

50Right of stoppage in transitu

51Duration of transit

52Exercise of stoppage in transitu

Re-sale by Buyer or Seller

53Effect of sub-sale or pledge by buyer

54Sale not generally rescinded by lien or stoppage in transitu

Division 6—Actions for breach of the contract

Remedies of the Seller

55Action for price

56Damages for non-acceptance

Remedies of the Buyer

57Damages for non-delivery

58Specific performance

59Remedy for breach of warranty

Interest and Special Damages

60Interest and special damages

Division 7—Supplementary

61Exclusion of implied terms and conditions

62Reasonable time a question of fact

63Rights etc. enforceable by action

64Auction sales

Part II—Consignees, mercantile agents, documents of title to goods

65Definitions

66Provisions as to consignees

67Powers of mercantile agents with respect to disposition of goods

68Further provisions with respect to mercantile agents

69Pledges by way of exchange protected

70Pledge for antecedent debt

71Transfer of document of title

72Delivery of warrant for goods

81Saving of rights

Part III—Effect of execution and conviction on title to goods

82Writs of execution

83Property obtained by wrongful means

83AGoods sold in execution

Part IV—Vienna Convention

84Part binds the Crown

85Convention

86Convention to have the force of law

87Convention to prevail in event of inconsistency

88Evidence of certain matters

Part IVA—Sea-carriage documents

Division 1—Preliminary

89Definitions

90Electronic and computerised sea-carriage…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.