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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
1892 - 272 sidor
Obegränsad förhandsgranskning - Om den här boken

Law Relating to International Banking

Graham Roberts - 1997 - 362 sidor
...service by virtue of this Part of this Act, it may (subject to subsection (2) below and the 1977 Act) be negatived or varied by express agreement, or by the course of dealing between the parties, or by such usage as binds both parties to the contract. (2) An express term does not negative a term implied...
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Cases and Materials on Marine Insurance Law

Susan Hodges - 1999 - 1013 sidor
...agreement or usage (1) Where any right, duty, or liability would arise under a contract of marine insurance 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. (2) The provisions of this section...
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Statutes on International Trade 3/e

Carr - 2000 - 811 sidor
...agreement or usage (1) Where any right, duty, or liability would arise under a contract of marine insurance 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. (2) The provisions of this section...
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Legal Method

Sharon Hanson - 2000 - 366 sidor
...provide as follows: (1) Where a right, duty or liability would arise under a contract of sale of goods by implication of law, it may be negatived or varied by express agreement ..., but the preceding provision has effect subject to the following provisions of this section ......
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Warranties In Marine Insurance

Baris Soyer - 2001 - 497 sidor
...agreement or usage (1) Where any right, duty, or liability would arise under a contract of marine insurance 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. (2) The provisions of this section...
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Consumer Sales Law

John MacLeod - 2002 - 1101 sidor
...contract of sale of goods by implication of law, it may (subject to the Unfair Contract Terms Act 1977) be negatived or varied by express agreement, or by...dealing between the parties, or by usage if the usage is such as to bind both parties to the contract. Whilst SOGIT contains no counterpart to this provision...
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Statutes and Conventions on International Trade 4/e

Indira Carr - 2003 - 668 sidor
...agreement or usage (1) Where any right, duty, or liability would arise under a contract of marine insurance 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. 88. Reasonable time, &c a question...
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Essential Principles of Contract and Sales Law in the Northern Pacific ...

Daniel P Ryan - 2005 - 471 sidor
...MIRC Cap 1,§§ 14-17 these terms may be excluded or varied under the Act by "express agreement or by course of dealing between the parties, or by usage...if the usage be such as to bind both parties to the contract."970 Any exclusion in consumer transactions of warranties under the Sale of Goods Act 1986,...
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Capital Markets Law and Compliance: The Implications of MiFID

Paul Nelson - 2008 - 19 sidor
...reasonable care and skill. (1982 Sale of Goods and Supply of Services Act 13) The latter 'duty . . . may ... be negatived or varied by express agreement, or by the course of dealing between the parties' (SOGASA 16 (1)). Like negligence at common law, this duty to take care extends into all of the firm's...
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