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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |