The Trader's Guide to the Law Affecting the Sale of Goods |
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... Frauds - Goods on board Ship Where Seller delivers Goods less than he contracted to sell to Buyer - When Buyer not bound to accept delivery of Goods - When Seller under contract authorised or required to send Goods - Delivery of Goods ...
... Frauds - Goods on board Ship Where Seller delivers Goods less than he contracted to sell to Buyer - When Buyer not bound to accept delivery of Goods - When Seller under contract authorised or required to send Goods - Delivery of Goods ...
Page 2
... Frauds ) , which deal with sales generally , but leaving untouched , though protected by saving clauses , such sections of the statutes as incidentally deal with the law of sale , or only with the sale of certain specified classes of ...
... Frauds ) , which deal with sales generally , but leaving untouched , though protected by saving clauses , such sections of the statutes as incidentally deal with the law of sale , or only with the sale of certain specified classes of ...
Page 9
... Fraud , of course , will always be a complete answer to the refusal to complete such a contract , and where the contract has been completed it may be rescinded on this ground . But the fraud must be proved The maxim of the English law is , ...
... Fraud , of course , will always be a complete answer to the refusal to complete such a contract , and where the contract has been completed it may be rescinded on this ground . But the fraud must be proved The maxim of the English law is , ...
Page 10
... ( fraud vitiates all things ) . In order for a sale to be a valid sale the thing or things sold must be in existence . However , there may be an agreement to sell ( see p . 4 ) a thing which is not yet in existence , or to which some ...
... ( fraud vitiates all things ) . In order for a sale to be a valid sale the thing or things sold must be in existence . However , there may be an agreement to sell ( see p . 4 ) a thing which is not yet in existence , or to which some ...
Page 13
... fraudulent representation , and in this last case the contract may be avoided , according to the rule fraus omnia vitiat ( explained ante ) , or the representation may create an estoppel ( i.e. , a conclusive admission , which cannot be ...
... fraudulent representation , and in this last case the contract may be avoided , according to the rule fraus omnia vitiat ( explained ante ) , or the representation may create an estoppel ( i.e. , a conclusive admission , which cannot be ...
Other editions - View all
The Trader's Guide to the Law Affecting the Sale of Goods (Classic Reprint) Lawrence Duckworth No preview available - 2018 |
The Trader's Guide to the Law Affecting the Sale of Goods Lawrence Duckworth No preview available - 2018 |
The Trader's Guide to the Law Affecting the Sale of Goods Lawrence Duckworth No preview available - 2015 |
Common terms and phrases
accept and pay affixed or suspended agreement to sell ascertained behalf bill of lading breach of contract breach of warranty carrier caveat emptor circumstances common law consent contract as repudiated contract of sale contracted to sell course of transit disposition documents of title English law exercise his right Factors Act fraud implied condition implied warranty includes LAW AFFECTING liable maintain an action market overt measure of damages ment MIDDLE TEMPLE neglects or refuses notice owner passed payment person having control pledge possession provisions purchaser reasonable refuses to accept reject right of lien right of re-sale right of retention right of stoppage risk sale by auction sale of specific seller delivers seller is bound separate estate statute Statute of Frauds stoppage in transitu take delivery tender thing sold tion tract trade TRADER'S GUIDE transfer treat the contract unless otherwise agreed unpaid seller usage writ of execution
Popular passages
Page 46 - 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 26 - ... agent acting for him, of the goods or documents of title, under any sale, pledge or other disposition thereof...
Page 35 - When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.
Page 11 - In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.
Page 48 - 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.
Page 52 - Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Page 31 - 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 39 - Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
Page 29 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...
Page 25 - ... 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...