Skip to main content
The Sale of Goods Act

R.S.M. 1987, c. S10

The Sale of Goods Act

Table of Contents

1 Definitions.
(1) "Good faith" defined.
(2) "Insolvent" defined.
(3) "Deliverable state" defined.
PART I
FORMATION OF THE CONTRACT
3 Sale and agreement to sell.
(2) Absolute or conditional.
(3) "Sale" and "agreement to sell".
(4) When "sale" effected.
4 Capacity to buy and sell.
(2) Meaning of "necessaries".
5 Contract of sale, how made.
6 Existing or future goods.
(2) Acquisition by seller dependent on contingency.
7 Present sale of future goods.
8 Goods which have perished.
9 Goods perishing before sale but after agreement to sell.
10 Ascertainment of price.
(2) Reasonable price.
11 Agreement to sell at valuation.
(2) Valuation prevented by seller.
12 Stipulations as to time.
(2) Meaning of "month".
13 When condition to be treated as warranty.
(2) Condition or warranty.
(3) Breach of condition as breach of warranty.
(4) Impossibility of fulfilment.
14 Implied undertaking as to title, etc.
15 Sale by description.
16 Implied conditions as to quality or fitness.
17 Sale by sample.
(2) Sale by sample.
PART II
EFFECTS OF THE CONTRACT
18 Goods must be ascertained.
19 Property passes when intended to pass.
(2) Intention of parties.
20 Rules for ascertaining intention.
21 Reservation of right of disposal.
(2) Deemed reservation.
(3) Where seller draws on buyer.
22 Risk prima facie passes with property.
23 Sale by person not the owner.
24 Sale under voidable title.
25 Title on sale or pledge of grain.
26 Title on sale of sugar beets.
27 Revesting of property in stolen goods on conviction of offender.
(2) Goods obtained by fraud.
28 Seller or buyer in possession after sale.
(2) Delivery of goods, etc., by buyer in possession thereof.
(3) Security interests excepted.
(4) Limitation on subsec. (2).
(5) Meaning of "mercantile agent".
PART III
PERFORMANCE OF THE CONTRACT
29 Duties of seller and buyer.
30 Payment and delivery are concurrent conditions.
31 Rules as to delivery.
(2) Delivery within reasonable time.
(3) Goods in possession of third person.
(4) Reasonable hour for demand or tender.
(5) Expenses.
32 Under-delivery.
(2) Over-delivery.
(3) Mixing with other goods.
(4) Limitation on section.
33 Instalment deliveries.
(2) Defective deliveries.
34 Delivery to carrier.
(2) Contract with carrier.
(3) Insurance where transit by water.
35 Risk where goods are delivered at distant place.
36 Buyer's right of examining the goods.
(2) Opportunity to examine.
37 Acceptance.
38 Buyer not bound to return rejected goods.
39 Liability of buyer for neglecting or refusing delivery of goods.
PART IV
RIGHTS OF UNPAID SELLER AGAINST THE GOODS
40 "Unpaid seller" defined.
(2) "Seller" defined.
41 Unpaid seller's rights.
(2) Where property has not passed.
42 Seller's lien.
(2) Right to exercise lien.
43 Part delivery.
44 Termination of lien.
(2) Effect of judgment on lien.
45 Right of stoppage in transitu.
46 Duration of transit
(2) Delivery terminating transit.
(3) Transit terminated by possession of bailee.
(4) Rejection of goods.
(5) Delivery to a ship.
(6) Wrongful refusal to deliver.
(7) Partial delivery.
47 How stoppage in transitu is effected.
(2) Action on giving of notice of stoppage.
48 Effect of sub-sale or pledge by buyer.
49 Sale not generally rescinded by lien or stoppage in transitu.
(2) Resale by unpaid seller.
(3) Resale of perishable goods, etc.
(4) Reservation of right of resale.
PART V
ACTIONS FOR BREACH OF THE CONTRACT
50 Action for price.
(2) Action irrespective of delivery.
51 Damages for non-acceptance.
(2) Measure of damages.
(3) Market price.
52 Damages for non-delivery.
(2) Measure of damages.
(3) Contract price.
53 Specific performance.
54 Remedy for breach of warranty.
(2) Measure of damages.
(3) Breach of warranty of quality.
(4) Further action.
55 Interest and special damages.
PART VI
SUPPLEMENTARY
56 Exclusion of implied terms and conditions.
57 Reasonable time a question of fact.
58 Rights, etc., enforceable by action.
59 Auction sales.
60 Saving clause.
(2) Unrepealed Act.
(3) Mortgage.