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" 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 be such as to bind both parties... "
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 - Sida 243
efter James Mackintosh - 1892 - 272 sidor
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Acts of the Parliament of South Australia

South Australia - 1896
...conditions. Ib., sec. 55. PART VI. SUPPLEMENTARY. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be...usage be such as to bind both parties to the contract. Seasonable time a question of fact. Ib., sec. 56. Rights, &c., enforceable by action. Ib., sec. 57....
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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
...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
...Implied duties, &c., may be expretsly excluded. — Where any right, duty, or obligation arises, under a contract of sale, by implication 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. 64. Bights and duties under Act...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 181 sidor
...PART VI. SUPPLEMENTARY. 55. — Where any right, duty, or liability would Exclusion of arise under a contract of sale by implication of law, it may be...usage be such as to bind both parties to the contract. 56. — Where by this Act any reference is made Reasonable time a question of fact to a reasonable...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker, Arthur Beilby Pearson - 1894 - 380 sidor
...Exclusion of « i . i . -PI implied terms arise under a contract of sale by implication of law, and it may be negatived or varied by express agreement...usage be such as to bind both parties to the contract. SALE OF GOODS ACT, 1893. S.55. Express agreement. Course of dealing. Usage. The effect of this section...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 399 sidor
...varied by express agreement (i0 or by the course of dealing between the parties, (c) or by usage,( d) if the usage be such as to bind both parties to the contract. NOTES. (a) "Implication of law." Eg implied conditions and warranties (Sects. 12-15); the effect of...
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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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