A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and Frequent Citations from the Text of Mr. Benjamin's TreatiseSweet & Maxwell, 1894 - 380 sidor |
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Sida xiv
... Implied undertaking as to title , & c . 13. Sale by description 14. Implied conditions as to quality or fitness 15. Sale by sample Sale by Sample . PAGE 64 - 68 79 · 85 · 89 - 102 PART II . EFFECTS OF THE CONTRACT . Transfer of Property ...
... Implied undertaking as to title , & c . 13. Sale by description 14. Implied conditions as to quality or fitness 15. Sale by sample Sale by Sample . PAGE 64 - 68 79 · 85 · 89 - 102 PART II . EFFECTS OF THE CONTRACT . Transfer of Property ...
Sida xv
... . 55. Exclusion of implied terms and conditions - 295 56. Reasonable time a question of fact - 298 57. Rights and duties under Act enforceable by action - 298 SECT . 58. Auction sales- 59. Payment into Court in TABLE OF CONTENTS . XV.
... . 55. Exclusion of implied terms and conditions - 295 56. Reasonable time a question of fact - 298 57. Rights and duties under Act enforceable by action - 298 SECT . 58. Auction sales- 59. Payment into Court in TABLE OF CONTENTS . XV.
Sida 6
... ( implied concurrent conditions of delivery and payment ) ; ss . 30 , 31 ( implied con- ditions precedent as to quantity ) ; Beer v . Walker ( m ) ( implied condition subsequent of merchantableness on arrival , under ss . 14 ( 2 ) , 33 ) ...
... ( implied concurrent conditions of delivery and payment ) ; ss . 30 , 31 ( implied con- ditions precedent as to quantity ) ; Beer v . Walker ( m ) ( implied condition subsequent of merchantableness on arrival , under ss . 14 ( 2 ) , 33 ) ...
Sida 12
... implied contract ' is a most unfortunate expression , because there cannot be a contract by a lunatic . But wherever neces- saries are supplied by a person who by reason of disability can- not himself contract , the law implies an ...
... implied contract ' is a most unfortunate expression , because there cannot be a contract by a lunatic . But wherever neces- saries are supplied by a person who by reason of disability can- not himself contract , the law implies an ...
Sida 13
... implied ( d ) . Are sold and delivered to . - The obligation to pay for the goods incurred by the person under incapacity does not arise . unless the contract be executed ( 1 ) by a transfer of the property , as in all cases ; and ( 2 ) ...
... implied ( d ) . Are sold and delivered to . - The obligation to pay for the goods incurred by the person under incapacity does not arise . unless the contract be executed ( 1 ) by a transfer of the property , as in all cases ; and ( 2 ) ...
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Vanliga ord och fraser
accept action agrees to sell ascertained assent attorn bailee bargain Benj bill of exchange bill of lading breach of warranty buyer carrier chattel circumstances clause common law condition precedent consignee consigns contract of sale Court damages default delivered delivery order documents of title effect express expressly fact Factors Act filly gelding horse ILLUSTRATIONS insolvent intention L. J. Ch L. J. Ex latter law merchant liable Lord Blackburn Lord Ellenborough Lord Esher Lord Herschell market overt ment mercantile agent merchantable notes notice owner paid particular parties pass payment person pledge possession provisions purchaser quantity re-sale reasonable receipt recover refuses regard right of disposal right of stoppage risk rule sample seller's lien seller's rights ship shipment sold specific Statute of Frauds stipulation stoppage in transitu sub-s sub-section supra Taunt tender thereof tion transit unless unpaid seller vendor Vict words
Populära avsnitt
Sida 21 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Sida 90 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose...
Sida 278 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Sida 160 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of...
Sida 205 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Sida 291 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Sida 327 - ... sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Sida 89 - Subject to the provisions of this act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
Sida 17 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Sida 181 - Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery...