The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh |
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Page 8
... fixed , to be sufficient notice to make the bargain absolute . By our law the contract is concluded by the posting of the acceptance within the prescribed or a seasonable time , no matter what becomes of the letter afterwards . Dunlop v ...
... fixed , to be sufficient notice to make the bargain absolute . By our law the contract is concluded by the posting of the acceptance within the prescribed or a seasonable time , no matter what becomes of the letter afterwards . Dunlop v ...
Page 10
... ( Code iv . 38. 15 ; cp . Inst . iii . 23. 1 ) , an agreement that the price should be fixed by the valuation of a third party named 2. ULPIAN . There can be no contract of sale ΙΟ L. 2 . XVIII I. DE CONTRAHENDA EMPTIONE .
... ( Code iv . 38. 15 ; cp . Inst . iii . 23. 1 ) , an agreement that the price should be fixed by the valuation of a third party named 2. ULPIAN . There can be no contract of sale ΙΟ L. 2 . XVIII I. DE CONTRAHENDA EMPTIONE .
Page 11
... fixed a price ; but if such party would not , or could not make a valuation , the sale was void , because no price ... fix the price , or point out the mode of ascertaining it , our law has developed the idea of an implied understanding ...
... fixed a price ; but if such party would not , or could not make a valuation , the sale was void , because no price ... fix the price , or point out the mode of ascertaining it , our law has developed the idea of an implied understanding ...
Page 13
... fixed , disapproval might be intimated , and the thing returned within sixty days - this was the statutory rule , at all events , in sales of slaves ( D 21. 1. 31 , 22 and 23 ) . If the party empowered did resile , it was held that ...
... fixed , disapproval might be intimated , and the thing returned within sixty days - this was the statutory rule , at all events , in sales of slaves ( D 21. 1. 31 , 22 and 23 ) . If the party empowered did resile , it was held that ...
Page 18
... extended to all matters embraced in any adjected pact , and was competent even where it had been agreed that the contract should be off in by the term fixed , the sale shall be held 18 XVIII . 1. DE CONTRAHENDA EMPTIONE . [ L. 6 .
... extended to all matters embraced in any adjected pact , and was competent even where it had been agreed that the contract should be off in by the term fixed , the sale shall be held 18 XVIII . 1. DE CONTRAHENDA EMPTIONE . [ L. 6 .
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Common terms and phrases
actio empti action on purchase actionem actum agreement autem bona bound breach buyer causa claim clause condictio condition contract of sale creditor damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quis quod quoque Roman law rule Sabinum Scots law sell seller seruum servitude siue slave stipulatio stipulation sunt supra tamen teneri thing sold Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero uidetur ULPIAN ULPIANUS libro usufruct vendee vendor warranty
Popular passages
Page 242 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Page 242 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 254 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 246 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
Page 244 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Page 255 - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
Page 246 - ... description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made...
Page 251 - ... where the property has passed to the buyer. UNPAID SELLER'S LIEN Section 54. WHEN RIGHT OF LIEN MAY BE EXERCISED. (1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit; (b) Where the goods have been sold on credit, but the term of credit has expired; 166 (c) Where the buyer...
Page 243 - 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 both parties to the contract or the sale.