 | South Australia - Law - 1896 - 230 pages
...55. PART VI. SUPPLEMENTARY. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived 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. Seasonable time a question of... | |
 | United States. Court of Claims - Law reports, digests, etc - 1948 - 974 pages
...case. In support of this contention defendant points to section 71 of the Act providing that "Where any right, duty or liability would arise under a contract...to bind both parties to the contract or the sale," and to that portion of CoixAion 4: (c) of the contract which states that "failure to ijv ^ and accept... | |
 | Sales - 1892 - 312 pages
...implied terms and conditions. — Where any right, duty, or liability would arise under c. contract of sale, by implication of law, it may be negatived 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. XI. Stipulations as to time. —... | |
 | Frank Newbolt - Sales - 1894 - 204 pages
...SUPPLEMENTARY. 55. — Where any right, duty, or liability would Exclusion of arise under a contract of sale by implication of law, it may be negatived 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. 56. — Where by this Act any... | |
 | Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...Exclusion of « i . i . -PI implied terms arise under a contract of sale by implication of law, and it may be negatived or varied by express agreement...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. SALE OF GOODS ACT, 1893. S.55.... | |
 | William James Tremeear - Conditional sales - 1899 - 510 pages
...(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 negatived 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 (86). In commercial contracts the... | |
 | Floyd Russell Mechem - Personal property - 1901 - 962 pages
...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 negatived 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. Where, by this Act, any reference... | |
 | William Livesey Burdick - Sales - 1901 - 456 pages
...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 negatived 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. 56. Where, by this Act, any reference... | |
 | Lawrence Duckworth - Sales - 1901 - 86 pages
...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 negatived 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. " Merchants are not bound to make... | |
 | Scotland - Law - 1901 - 620 pages
...IMPLIED TERMS AND CONDITIONS. — Where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived 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. 56. REASONABLE TIME A QUESTION... | |
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Where any right, duty or liability would arise under a contract to sell or a 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 custom, if the custom be such as to bind... 
