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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
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A Treatise on the Canadian Law of Conditional Sales of Chattels, and of ...

William James Tremeear - 1899 - 510 sidor
...possession of them ; (r) A right of re-sale as limited by the Act (85). Where any right 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 (86). In commercial contracts the presumption is that the contract is made with reference to the usages...
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The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 sidor
...conditions. PART VI. SUPPLEMENT AET. Sect 55. 55. 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 1 or by the course of dealing between the parties, or by usage, if the usage be such as to bind both...
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The Consolidated Ordinances of the Northwest Territories, 1898: Being a ...

Northwest Territories - 1899 - 940 sidor
...1896, s. 51. PART VI. SUPPLEMENTARY. •">:{. Where any right, duty or liability would arise under a s contract of sale by implication of law it may be negatived or tween the parties or by usage if the usage be such as to bind varied by express agreement or by the...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1900 - 888 sidor
...some other person. It must be remembered, however, that the above implied ^ri:;::--.-.< and warranties may be negatived or. varied by express agreement or...course of dealing between the parties, or by usage binding upon both (i). If goods be sold by a person who is not the owner, and the owner be found and...
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The Elements of the Law of Sale of Personal Property

William Livesey Burdick - 1901 - 456 sidor
...by this Act. PAET VI. S DPPLEMENTARY. 55. "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. 56. Where, by this Act, any reference is made to a reasonable time, the question, What is a reasonable...
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A Treatise on the Law of Sale of Personal Property, Volym 2

Floyd Russell Mechem - 1901 - 962 sidor
...it has failed. PART VI. SUPPLEMENTARY. 55. 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 5(i. Where, by this Act, any reference is made to a reasonable time the question what is a reasonable...
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The Scots Statutes Revised ...: The Public General Statutes Affecting ...

Scotland - 1901 - 620 sidor
...EXCLUSION OP IMPLIED TERMS AND CONDITIONS. — 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. 56. REASONABLE TIME A QUESTION OP FACT. — Where, by this Act, any reference is made to a reasonable...
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The Trader's Guide to the Law Affecting the Sale of Goods

Lawrence Duckworth - 1901 - 86 sidor
...ordinary action as money had and received. 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. " Merchants are not bound to make their contracts according to any rule of law." In reference to usage,...
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A Digest of the Law Relating to Marine Insurance

Sir Mackenzie Dalzell Edwin Stewart Chalmers, Douglas Owen - 1901 - 216 sidor
...marine insurance by implication agreement O fj aw, it ma yb e negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 3 (2.) The provisions of this section extend to any right, duty, or liability which may be modified...
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Arnould on the Law of Marine Insurance, Volym 2

Sir Joseph Arnould, Edward Louis De Hart, Ralph Iliff Simey - 1901 - 912 sidor
...marine insurance by implication of law, it may be or usage. negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 1498 89. "Where by this Act any reference ia made to reasonable Appendix B. time, reasonable premium,...
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