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accept according action actual agent agreed agreement authority bill bill of lading Blackburn bound breach buyer carrier chattel cloth colt condition contained contract of sale course Court damages dealing decision defect defendant delivered delivery difference documents Edit effect enactment entitled evidence Example exchange execution express fact Factors fair followed fraud gelding give given held horse implied intended judgment L. J. Ex latter lien Lord manufacturer mare means mercantile notice original otherwise owner paid particular parties pass payment performance person plaintiff pledge possession Practice present principle purchaser question reasonable receive recover refused reject relating remain respect risk Royal rule sample Scotland sell seller ship Smith sold specific Statute stoppage taken thereof thing tion tons transfer transitu unless unpaid vendor Vict warranty whole writ
Page 128 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally ie, according to the usual course of things, from such breach of contract itself...
Page 17 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 55 - Property passes when intended to pass (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Page 39 - Subject to the provisions of this act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract...
Page 69 - Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. (2) Nothing in this Act, however, shall affect (a) The provisions of any factors...
Page 167 - ... sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 88 - 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.
Page 94 - ... seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.
Page 167 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof...
Page 43 - ... there is an implied warranty that the goods shall be reasonably fit for such purpose. 2. Where the goods are bought by description from a seller who deals in goods of that description, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be of merchantable quality.