The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272 sidor |
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Sida 19
... transfer of property and the security of commerce ; it rejects the idea of any implied condition or hypothec for security of the price after actionem ex uendito futuram esse : in emptis enim et §1 . ] XVIII . 1. DE CONTRAHENDA EMPTIONE .
... transfer of property and the security of commerce ; it rejects the idea of any implied condition or hypothec for security of the price after actionem ex uendito futuram esse : in emptis enim et §1 . ] XVIII . 1. DE CONTRAHENDA EMPTIONE .
Sida 31
... implied in pro auro , ' as gold , ' is ( 1 ) a mistake common to the buyer and seller , each believing that the subject - matter is gold , and ( 2 ) a mutual intention to contract about gold and nothing else . Cp . L. 14 infra . But the ...
... implied in pro auro , ' as gold , ' is ( 1 ) a mistake common to the buyer and seller , each believing that the subject - matter is gold , and ( 2 ) a mutual intention to contract about gold and nothing else . Cp . L. 14 infra . But the ...
Sida 32
... implied condition that the goods shall correspond with the description . ' Where , however , the article tendered answers the description , the buyer must , in the absence of fraud and warranty , take it with all faults . In Wieler v ...
... implied condition that the goods shall correspond with the description . ' Where , however , the article tendered answers the description , the buyer must , in the absence of fraud and warranty , take it with all faults . In Wieler v ...
Sida 40
... implied condition that the subject - matter was in existence , which totally failed . In Cochrane v . Willis ( 1865 ) 1 Ch . App . 58 a reversioner agreed with the assignee in bankruptcy of the tenant for life for the sale of the timber ...
... implied condition that the subject - matter was in existence , which totally failed . In Cochrane v . Willis ( 1865 ) 1 Ch . App . 58 a reversioner agreed with the assignee in bankruptcy of the tenant for life for the sale of the timber ...
Sida 41
... implied condition precedent to the transference of his ownership in spite of the delivery of possession . So long as the seller remained in possession of the thing sold , he had a right of retention over it in security of the unpaid ...
... implied condition precedent to the transference of his ownership in spite of the delivery of possession . So long as the seller remained in possession of the thing sold , he had a right of retention over it in security of the unpaid ...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Obegränsad förhandsgranskning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Obegränsad förhandsgranskning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Obegränsad förhandsgranskning - 1892 |
Vanliga ord och fraser
actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condictio condition contract of sale creditor damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quis quod quoque Roman law rule Sabinum Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
Populära avsnitt
Sida 242 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Sida 242 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Sida 254 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Sida 246 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
Sida 244 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Sida 255 - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
Sida 249 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Sida 243 - 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 to the contract 5(i.
Sida 250 - ... where the property has passed to the buyer. Unpaid Seller's Lien 54. WHEN RIGHT OF LIEN MAY BE EXERCISED: (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit. (b) Where the goods have been sold on credit, but the term of credit has expired. (c) Where the buyer becomes...
Sida 243 - ... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.