A Treatise on the Law of Sale of Personal Property, Volym 2

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Callaghan, 1901 - 1578 sidor

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CHAPTER VI
719
Methods of defrauding 930
720
Must be present representation and not mere promise as to future 870
726
Party complaining must have been deceived by the representation 879 880
736
Misrepresentations concerning title 931
789
Market value 937
797
Sales to defeat creditors usually valid between the parties 947 948
804
Intention must be clear
807
Conveyance subject to secret lien or trust 956
813
What delivery or change of possession necessary 962
819
How when article received of no value Caveat emptor 832
832
Buyer may have action to recover price paid without considera
838
Who are creditors 969
841
WHERE THE TITLE HAS NOT PASSED
917
Waiver of Performance
919
Statement of some objections as a waiver of others 1077
926
Rights of one party when the other renounces 1088 1089
932
Stopping performance of executory contract 1091 1092
940
That the Buyer has Become Insolvent
947
Unexpected expense does not excuse 1105
954
In general 1108
955
Of the sellers duty to deliver possession 1116
961
Conditions precedent to delivery Notice of readiness to deliver or
974
Delivery by instalments Breach of one of successive performances 1140
983
Alterations by consent in time or place of delivery 1151 1152
1008
Must be to buyer or some one who represents him for that purpose 1172
1024
Undertaking of seller to send ship or forward goods how sat
1030
erySymbolical delivery 1197
1042
CHAPTER IV
1048
Fitness for intended use a condition precedent 1214
1054
Warranties by agents 1278 1279
1059
Purpose of the chapter 1221
1061
Warranty to be distinguished from condition 1231
1067
Reference to other warranties or to printed statements Warranty
1074
Consideration for the warranty Time of making it 12471249
1084
Written contract does not exclude implied warranties 1258
1095
Prevention by one party equivalent to performance by the other
1106
Express warranty after inspection 1275
1109
Agents implied authority to warrant title 1280
1111
IMPLIED WARRANTIES
1117
When no place specified delivery to be where goods were at time
1124
Implied Warranties of Quality
1127
Genuineness
1145
Acceptance of forged or invalid note 1429
1233
To the seller or his agent 1443
1239
How when agency unknown 1451 1452
1245
If authorized to take check or note has no authority to indorse
1251
In general
1256
In general 1622 1623
1258
What claims the lien precedes
1262
Lien revives on expiration of credit 1521
1284
By factor who has bought goods for principal 1530
1290
Under What Conditions Stoppage May be Effected
1297
Buyer may intercept the goods 1556
1303
Absolute sale of goods but purchase price unpaid Right
1312
To what kinds of property right of resale attaches 1624
1344
The manner of resale 1640 1641
1352
Nature of right of resale 1649
1358
panies 1359
1359
When payment of price is due On delivery 1661 1662
1364
Title passing though goods not delivered 1667
1366
WHERE THE TITLE HAD NOT PASSED
1372
Countermanding performance of executory contract 1699
1380
Treating contract as rescinded and recovering quantum valebat 1713
1389
Sellers breach of contract to sell and convey 1717
1391
Effect of acceptance where contract provides that it shall be conclu
1396
Loss of profits on resale contracted for 1761
1417
No damages for speculative or remote losses 17771779
1428
Measure of damages for delay 17901792
1435
Where Goods Defective in Kind Quality or Condition
1441
Notice of defectOffer to return 1811
1448
Measure of damages for breach of warrantyIn general 1817 1818
1450
Measure of damages where goods bought to be resold 1833
1463
In general
1468
Buyer may recoup damages in action by seller for the price 1844
1472
Effect of acceptance when brought about by fraud mistake or prom
Time of delivery when no time agreed uponReasonable time 1129
Misrepresentation must have caused proximate injury
Existing or subsequent creditors What conveyances existing cred
Sales in aid of the public enemy
Lien good against subpurchaser unless seller estopped Estoppel
How this question determined
Measure of damages where goods intended for particular use 17711776
Purchaser of draft with bill of lading attached 1816
Introduction of new parties 808
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Populära avsnitt

Sida 1476 - ... 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 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 866 - The principle of public policy is this: Ex dolo malo non oritur actio. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Sida 1413 - 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 1472 - 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 1472 - 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 867 - the objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant.
Sida 1474 - Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and if he wrongfully retains the bill of lading the property in the goods does not pass to him.

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