18 The Sale of Goods Act
Goods must be ascertained
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.
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All sections
- 1Short title, extent and commencement
- 2Definitions
- 3Application of provisions of Act 9 of 1872
- 4Sale and agreement to sell
- 5Contract of sale how made
- 6Existing or future goods
- 7Goods perishing before making of contract
- 8Goods perishing before sale but after agreement to sell
- 9Ascertainment of price
- 10Agreement to sell at valuation
- 11Stipulations as to time
- 12Condition and warranty
- 13When condition to be treated as warranty
- 14Implied undertaking as to title, etc
- 15Sale by description
- 16Implied conditions as to quality or fitness
- 17Sale by sample
- 19Property passes when intended to pass
- 20Specific goods in a deliverable state
- 21Specific goods to be put into a deliverable state
- 22Specific goods in a deliverable state, when the seller has to do anything thereto in order to ascertain price
- 23Sale of unascertained goods and appropriation
- 24Goods sent on approval or “on sale or return”
- 25Reservation of right of disposal
- 26Risk prima facie passes with property
- 27Sale by person not the owner
- 28Sale by one of joint owners
- 29Sale by person in possession under voidable contract
- 30Seller or buyer in possession after sale
- 31Duties of seller and buyer
- 32Payment and delivery are concurrent conditions
- 33Delivery
- 34Effect of part delivery
- 35Buyer to apply for delivery
- 36Rules as to delivery
- 37Delivery of wrong quantity
- 38Instalment deliveries
- 39Delivery to carrier or wharfinger
- 40Risk where goods are delivered at distant place
- 41Buyer’s right of examining the goods
- 42Acceptance
- 43Buyer not bound to return rejected goods
- 44Liability of buyer for neglecting or refusing delivery of goods
- 45“Unpaid seller” defined
- 46Unpaid seller’s rights
- 47Seller’s lien
- 48Part delivery
- 49Termination of lien
- 50Right of stoppage in transit
- 51Duration of transit
- 52How stoppage in transit is effected
- 53Effect of sub-sale or pledge by buyer
- 54Sale not generally rescinded by lien or stoppage in transit
- 55Suit for price
- 56Damages for non-acceptance
- 57Damages for non-delivery
- 58Specific performance
- 59Remedy for breach of warranty
- 60Repudiation of contract before due date
- 61Interest by way of damages and special damages
- 62Exclusion of implied terms and conditions
- 63Reasonable time a question of fact
- 64Auction sale
- 64AIn contracts of sale, amount of increased or decreased taxes to be added or deducted
- 65[Repealed.]
- 66Savings