CAP. 26]
Sale of Goods
[1977 Ed.
1973 c. 13, s. 7(2).
Sale and agreement to sell.
"future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale;
"goods" includes all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale;
"plaintiff" includes a defendant counterclaiming;
"property" means the general property in goods, and not merely a special property;
“quality of goods” includes their state or condition;
"sale" includes a bargain and sale as well as a sale and delivery; "seller" means a person who sells or agrees to sell goods; "specific goods" means goods identified and agreed upon at the time a contract of sale is made;
"warranty" means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
(2) A thing is deemed to be done "in good faith" when it is in fact done honestly, whether it is done negligently or not. (Amended, 8 of 1912, s. 47)
(3) A person is deemed to be insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not and whether he has been adjudged bankrupt or not. (Amended, 8 of 1912, s. 47)
(4) Goods are in a "deliverable state" when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. (Amended, 8 of 1912, s. 47)
(5) Goods of any kind are of merchantable quality within the meaning of this Ordinance if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances; and any reference in this Ordinance to unmerchantable goods shall be construed accordingly. (Added, 58 of 1977, s. 2)
PART I
FORMATION OF THE CONTRACT
Contract of sale
3. (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the
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