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" Where any right, duty or liability would arise under a contract to sell or a 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 custom, if the custom be such as to bind... "
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 - Sida 243
efter James Mackintosh - 1892 - 272 sidor
Obegränsad förhandsgranskning - Om den här boken

Cases Decided in the United States Court of Claims, Volym 109

United States. Court of Claims - 1948
...the Act providing that "Where any right, duty or liability would arise under a contract to sell or a sale by implication of law it may be negatived or...by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale," and to that portion...
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Report of the ... Annual Meeting of the American Bar Association, Del 2

American Bar Association - 1906
...Implied Obligations. ,] Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale. This follows section...
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Journal of the Institute of Bankers, Volym 12

Institute of Bankers (Great Britain) - 1891
...11. Implied condition nr warranty may lie expressly excluded. Where a condition or warranty arises in a contract of sale by implication of law. it may be negatived or varied by express agreement. 12. Stipulation* an to time of payment — (1.) Unless a different intention appears from the terms...
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Pump Court: The Temple Newspaper and Review, Volym 8

1888
...Implied condition or warranty may be expressly excluded.— Where a condition or warranty arises in a contract of sale by implication of law, it may be negatived or varied by express agreement. 16. Bale by description. — Where there is a contract for the sale of goods by description, the goods...
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Pump Court: The Temple Newspaper and Review, Volym 9

1889
...63. Implied duties, &c., may be expretsly excluded. — Where any right, duty, or obligation arises, under a contract of sale, by implication of law, it...be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 64. Bights and duties under Act...
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A Treatise on the Law of Contracts

Joseph Chitty - 1896 - 806 sidor
...failed. Supplementary. 66. Where any right, duty, or liability would arise under a con- Exclusion tract of sale by implication of law, it may be negatived or varied tf^f]^ by express agreement or by the course of dealing between the conditions, parties, or by usage...
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The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 220 sidor
...made conclusive as to quantity. Exclusion of implied conditions. PART VI. SUPPLEMENT AET. Sect 55. 55. Where any right, duty, or liability would arise under...it may be negatived or varied by express agreement 1 or by the course of dealing between the parties, or by usage, if the usage be such as to bind both...
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The Consolidated Ordinances of the Northwest Territories, 1898: Being a ...

Northwest Territories, Northwest Territories. Legislative Assembly - 1899 - 1125 sidor
...1896, s. 51. PART VI. SUPPLEMENTARY. •">:{. Where any right, duty or liability would arise under a s contract of sale by implication of law it may be negatived or tween the parties or by usage if the usage be such as to bind varied by express agreement or by the...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1900 - 749 sidor
...some other person. It must be remembered, however, that the above implied ^ri:;::--.-.< and warranties may be negatived or. varied by express agreement or...course of dealing between the parties, or by usage binding upon both (i). If goods be sold by a person who is not the owner, and the owner be found and...
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A Digest of the Law Relating to Marine Insurance

Sir Mackenzie Dalzell Edwin Stewart Chalmers, Douglas Owen - 1903 - 201 sidor
...duty, or liability would Implied arise under a contract 01 marine insurance by implication varied by of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 4 j j. A f • • i • T j.-...
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