Page images
PDF
EPUB

DISPOSAL,

reservation of right of, 47

DIVISIBLE CONTRACT,

warranties, or conditions, 26, 68

instalment deliveries, 68

seller's lien, 80, 81

damages, 97, 98

lots at an auction, 110

DOCK WARRANT,

definition of, and stamp, 166, 168

common law effect, 66

is a document of title, 116, 128

effect of Factors Act, 129-137. See FACTORS ACT.

[blocks in formation]

EVIDENCE,

to explain or annex incidents to sale, 13, 108, 182

to avoid contract, 13, 154

in mitigation of damages, 100

of readiness to deliver or pay, 63, 64

to connect documents, inadmissible, 152
EXAMINATION (BUYER'S RIGHT OF),
in general, 71, 72

on sale by sample, 36

effect on rule of caveat emptor, 32

EXCHANGE OF GOODS, 4, 5

EXECUTED AND EXECUTORY CONTRACTS, 7

EXECUTION CREDITOR,

title as against purchaser, 60, 61, 78
rights against bill of sale holder, 163

EXPECTANCY,

sale of, 16, 17

F. O. B.,

="free on board," 184

FACTORS ACT, 1889,

history of legislation, 124

mercantile agents, 126

documents of title, and mode of transfer, 127, 138

definition of pledge, 129

sale or pledge by mercantile agent, 130

revocation of agent's authority, 130

pledge of document deemed pledge of goods, 132

pledge for antecedent debt, 132

consideration for sale or pledge, 132

exchange of goods or documents, 132

agreements through clerks, 133

consignee's lien, 133, 134

seller remaining in possession of goods or documents, 134

buyer getting possession of goods or documents, 135

transfer of document as affecting lien or right of stoppage, 137

rights between principal and agent, 138

set-off against agent, 139

common law powers of agent saved, 139

repeal of previous Acts, 139, 141

application and commencement, 140

FACTORS (SCOTLAND) ACT, 1890..142

FAILURE OF CONSIDERATION, 106, 107

FALSE PRETENCES,

goods obtained by, 9, 56

FAULT,

defined, 116

FI-FA,

effect of writ on buyer's right, 60, 61

FITNESS FOR PARTICULAR PURPOSE,
implied condition, 31, 34

FIXTURES,

are not goods, 117

FORBEARANCE,

to make or require delivery, 154

FRAUD,

what constitutes, 121

saving for law as to, 113

doctrine of "legal fraud" exploded, 121

effect of fraudulent representation, 25, 105
seller knowing he has no title, 28

sale under voidable title, 55

re-vesting, on conviction, for larceny, 56

in auction sales, 110-112

parol evidence to prove, 13
caveat emptor, 33, 34

FRAUDS (STATUTE OF),

repeal of s. 17..15, 123

provisions substituted for, 14, 15

general effect (s. 17), 15

amended by Lord Tenterden's Act, 150, 155

the Acts set out, 149, 155

"contract of sale," 150

[blocks in formation]

FRAUDS (STATUTE OF)-continued.

actual receipt, 151

part of the goods, 152

earnest, 152

part payment, 152

note or memorandum, 152

signature, 153

agents to sign, 153

parties to be charged, 153

auctioneers, 153

brokers, their notes and contracts, 154
rescission or variation of contract, 154
agreements relating to land, &c. (s. 4), 149
effect of writs of execution (s. 16), 60

FREE ON BOARD, 184

FREIGHT,

effect of lien for, 158

FUTURE GOODS,

definition of, 16, 116

contract for sale of, 16, 17, 18, 19

when property in, passes, 39, 43, 44, 46

GENERIC GOODS, 46, 119

GIFT, 4

GOOD FAITH,

meaning of, 121

GOODS,

what included in term, 117, 127

specific and general goods, 119

existing and future, or after-acquired goods, 16-20

re-sale of perishable, 94

destruction of, before sale, 19, 20

documents of title to, 116

pledge of document deemed pledge of goods, 132

delivery of wrong quantity or mixed, 67

exchange of, 4, 132

GROWING CROPS OR TIMBER, 117

GUARANTEE FOR PRICE,

exempt from stamp, 167, n.

HIRE-PURCHASE AGREEMENTS, 137

HORSES,

Acts relating to sale of, 55, 143
representations as to, 33

warranties judicially construed, 187
HOURS FOR DELIVERY, 65, 66
HYPOTHEC,

saving for law of, in Scotland, 113

IMPLIED TERMS,

how negatived, 108

as to title, 27

as to quality and fitness, 31, 32, 36

IMPOSSIBILITY,

as excusing performance of contract, 19, 181
rule for test of, 181

INDEPENDENT AGREEMENTS, 68, 69, 174, 175
See also WARRANTY.

INFANT,

liability for necessaries, 10, 11

non-liability of father, 12

INNKEEPER,

power to sell goods left with, 52, n.

INSOLVENCY,

what constitutes, 121

seller's lien when buyer insolvent, 79

right of stoppage in transitu, 83
re-sale when buyer insolvent, 94

agreement to rescind in case of, 80

saving for bankruptcy laws, 113

INSPECTION (RIGHT OF), 71, 72. See EXAMINATION.
INSTALMENTS,

breach of contract for delivery by, 68

measure of damages, 97, 98

seller's lien, 81

« PreviousContinue »