A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and Frequent Citations from the Text of Mr. Benjamin's Treatise |
From inside the book
Results 1-5 of 42
Page x
... whole duty of seller and buyer in delivery , acceptance , and pay- ment , as contained in the contract under the circumstances of each particular case . Assuming , however , the value of illustrative cases , we nevertheless feel a doubt ...
... whole duty of seller and buyer in delivery , acceptance , and pay- ment , as contained in the contract under the circumstances of each particular case . Assuming , however , the value of illustrative cases , we nevertheless feel a doubt ...
Page 11
... whole or in part , and the parties cannot be restored altogether to their original position . In the case cited in the note ( r ) , all the authorities will be found quoted and examined " ( s ) . Lord Esher , M.R. , in a late case ( t ) ...
... whole or in part , and the parties cannot be restored altogether to their original position . In the case cited in the note ( r ) , all the authorities will be found quoted and examined " ( s ) . Lord Esher , M.R. , in a late case ( t ) ...
Page 36
... whole as inferior to sample . There is evidence of B.'s acceptance of the wheat , as B.'s examination of the goods by the sample was evidence of an admission that the goods were delivered under a contract of sale , but B. may afterwards ...
... whole as inferior to sample . There is evidence of B.'s acceptance of the wheat , as B.'s examination of the goods by the sample was evidence of an admission that the goods were delivered under a contract of sale , but B. may afterwards ...
Page 40
... whole series of decisions to the propositions here enunciated " ( z ) . There is , however , one im- portant exception , in the case where the seller becomes bailee for the buyer ; this is sufficient to constitute an " actual receipt ...
... whole series of decisions to the propositions here enunciated " ( z ) . There is , however , one im- portant exception , in the case where the seller becomes bailee for the buyer ; this is sufficient to constitute an " actual receipt ...
Page 42
... whole contract is reduced to writing , or by mutual consent is to be taken as embraced in a pre - existing writing , neither party is allowed to offer proof that any additional terms were agreed to [ subject , however , to the ...
... whole contract is reduced to writing , or by mutual consent is to be taken as embraced in a pre - existing writing , neither party is allowed to offer proof that any additional terms were agreed to [ subject , however , to the ...
Contents
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Other editions - View all
A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ... Walter Charles Alan Ker No preview available - 2017 |
A Commentary On the Sale of Goods Act, 1893: With Illustrative Cases and ... Walter Charles Alan Ker No preview available - 2018 |
A Commentary On the Sale of Goods Act, 1893: With Illustrative Cases and ... Walter Charles Alan Ker No preview available - 2022 |
Common terms and phrases
accept action agrees to sell ascertained assent attorn bailee bargain Benj bill of exchange bill of lading breach of warranty buyer carrier chattel circumstances clause common law condition precedent consignee consigns contract of sale Court damages default delivered delivery order documents of title effect express expressly fact Factors Act filly gelding horse ILLUSTRATIONS insolvent intention L. J. Ch L. J. Ex latter law merchant liable Lord Blackburn Lord Ellenborough Lord Esher Lord Herschell market overt ment mercantile agent merchantable notes notice owner paid particular parties pass payment person pledge possession provisions purchaser quantity re-sale reasonable receipt recover refuses regard right of disposal right of stoppage risk rule sample seller's lien seller's rights ship shipment sold specific Statute of Frauds stipulation stoppage in transitu sub-s sub-section supra Taunt tender thereof tion transit unless unpaid seller vendor Vict words
Popular passages
Page 21 - 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 90 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose...
Page 278 - 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 — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 160 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of...
Page 205 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 291 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 327 - ... 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 89 - 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 to sell or a sale, except as follows...
Page 17 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.
Page 181 - Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery...