Where instalments are not delivered as contracted for. 1990, c. S.1, s. 52. R.S.O. 4. PART V ACTIONS FOR BREACH OF THE CONTRACT. (a) intimates to the seller that the goods have been accepted; (b) after delivery, does any act in relation to them that is inconsistent with the ownership of the seller; or. 1990, c. S.1, s. 30. A sale is by description where the purchaser is buying on a mere description, having never seen the goods. A seller is someone who sells or has agreed to sell goods. Section 1 (1)This Act applies to the sale of property other than real property (goods). R.S.O. R.S.O. Buyer may maintain action for non-delivery. • The law relating to sale and purchase of goods, prior to 1930 were dealt by the Indian Contract Act, 1872. Seller to afford opportunity for examination. 36 When the seller is ready and willing to deliver the goods and requests the buyer to take delivery and the buyer does not within a reasonable time after such request take delivery of the goods, the buyer is liable to the seller for any loss occasioned by the buyer’s neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods, but nothing in this section affects the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract. 45 Subject to this Act, the unpaid seller’s right of lien or retention or stoppage in the course of transit is not affected by any sale or other disposition of the goods that the buyer may have made, unless the seller has assented thereto, but where a document of title to goods has been lawfully transferred to a person as buyer or owner of the goods and that person transfers the document to a person who takes the document in good faith and for valuable consideration, then, if the last-mentioned transfer was by way of sale, the unpaid seller’s right of lien or retention or stoppage in the course of transit is defeated, and if the last-mentioned transfer was by way of pledge or other disposition for value, the unpaid seller’s right of lien or retention or stoppage in the course of transit can only be exercised subject to the rights of the transferee. 53 Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract. 1990, c. S.1, s. 11. Exercise of right of lien or stoppage, effect on contract. Stipulation which may be condition or warranty. R.S.O. 2.1. 1990, c. S.1, s. 51. The law on auction sales is contained in Sec. (2) A thing shall be deemed to be done in good faith within the meaning of this Act when it is in fact done honestly whether it is done negligently or not. 1990, c. S.1, s. 38. Swedish 1.2. (a) when the seller delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) when the buyer or buyer’s agent lawfully obtains possession of the goods; or, Lien not lost by obtaining judgment for price. 1990, c. S.1, s. 43. 1990, c. S.1, s. 22. No amending legislation available on CanLII. (5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent to the buyer. 1990, c. S.1, s. 57. (2) Where there is a contract for the sale of goods to be delivered by stated instalments that are to be separately paid for and the seller makes defective deliveries in respect of one or more instalments or fails to deliver one or more instalments or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the terms of the contract and the circumstances of the case whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. 44 (1) The unpaid seller may exercise a right of stoppage in the course of transit either by taking actual possession of the goods or by giving notice of a claim to the carrier or other bailee in whose possession the goods are, and such notice may be given either to the person in actual possession of the goods or to the person’s principal, and in the latter case the notice to be effectual shall be given at such time and under such circumstances that the principal by the exercise of reasonable diligence may communicate it to the principal’s servant or agent in time to prevent a delivery to the buyer. 7 Where there is a contract for the sale of specific goods and the goods without the knowledge of the seller have perished at the time the contract is made, the contract is void. R.S.O. (2) When notice of stoppage in the course of transit is given by the seller to the carrier or other bailee in possession of the goods, the goods shall be redelivered to or according to the directions of the seller, and the expenses of such redelivery shall be borne by the seller. (2) Nothing in this Act affects enactments relating to conditional sales, bills of sale or chattel mortgages. 1.Short title, extent and commencement,---(1) This Act may be called the 2** Sale of Goods Act, 1930. (4) This section is subject to any usage of trade, special agreement or course of dealing between the parties. R.S.O. R.S.O. (3) Where the goods are of a perishable nature or where the unpaid seller gives notice to the buyer of intention to resell and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell the goods and recover from the original buyer damages for any loss occasioned by a breach of contract. (3) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale that is intended to operate by way of mortgage, pledge, charge or other security. What constitutes a sale or agreement to sell. 10 (1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and the third party cannot or does not make the valuation, the agreement is avoided, but if the goods or any part thereof have been delivered to and appropriated by the buyer, the buyer shall pay a reasonable price therefor. (4) Goods shall be deemed to be in a deliverable state within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them. (2) When notice of stoppage in the course of transit is given by the seller to the carrier or other bailee in possession of the goods, the goods shall be redelivered to or according to the directions of the seller, and the expenses of such redelivery shall be borne by the seller. (2) Unless otherwise authorized by the buyer, the seller shall make a contract with the carrier on behalf of the buyer that is reasonable having regard to the nature of the goods and the other circumstances of the case, and if the seller omits so to do and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to the buyer or may hold the seller responsible in damages. R.S.O. 1990, c. S.1, s. 29 (1, 2). 16 (1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. 1990, c. S.1, s. 14. Consolidation Period: From December 9, 1994 to the e-Laws currency date. R.S.O. (2) If the buyer or buyer’s agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end. 29 (1) Where the seller delivers to the buyer a quantity of goods less than the seller contracted to sell, the buyer may reject them, but if they are accepted, the buyer shall pay for them at the contract rate. (b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. 2 Commencement This Act shall come into operation on 1 January 1897. 12 (1) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. 1990, c. S.1, s. 44. 3 (1) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property, but where necessaries are sold and delivered to a minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he or she shall pay a reasonable price therefor. R.S.O. Resale and right to damages for breach of contract. (a) that the bulk will correspond with the sample in quality; (b) that the buyer will have a reasonable opportunity of comparing the bulk with the sample; and. An Act to amend the law relating to the sale of goods; to make provision as to the terms to be implied in certain agreements for the transfer of property in or the hire of goods, in hire-purchase agreements and on the exchange of goods for trading stamps and as to the remedies for breach of the terms of such agreements; and for connected purposes. 42 Subject to this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in the course of transit, that is to say, the unpaid seller may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price. 1990, c. S.1, s. 17. 1990, c. S.1, s. 11. R.S.O. Implied conditions as to quality or fitness. (2) Where the price is not determined in accordance with the foregoing provisions, the buyer shall pay a reasonable price, and what constitutes a reasonable price is a question of fact dependent on the circumstances of each particular case. 1990, c. S.1, s. 20. 38 (1) Subject to this Act and any statute in that behalf, although the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law. 1990, c. S.1, s. 39. 20 (1) Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled, and in such case, despite the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller have been fulfilled. 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