The Trader's Guide to the Law Affecting the Sale of Goods |
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Page 14
... retain the goods and treat the failure to perform such material part as a breach which may give rise to a claim to compensation or damages . And nothing in sub - section ( 2 ) of Section II of the Sale of Goods Act , 1893 , will affect ...
... retain the goods and treat the failure to perform such material part as a breach which may give rise to a claim to compensation or damages . And nothing in sub - section ( 2 ) of Section II of the Sale of Goods Act , 1893 , will affect ...
Page 26
... retain the bill of lading in order to secure the contract price , as when he sends forward the bill of lading with a bill of exchange attached , with directions that the bill of lading is not to be de- livered to the purchaser till ...
... retain the bill of lading in order to secure the contract price , as when he sends forward the bill of lading with a bill of exchange attached , with directions that the bill of lading is not to be de- livered to the purchaser till ...
Page 43
... retain and to stop them in transit where the pro- perty has passed to the buyer . In Scotland the word " retain " includes the right of retention , and the right to stoppage in transitu in that country is almost analagous to the English ...
... retain and to stop them in transit where the pro- perty has passed to the buyer . In Scotland the word " retain " includes the right of retention , and the right to stoppage in transitu in that country is almost analagous to the English ...
Page 44
... retain possession of them until pay- ment , or tender of the price in the following cases , namely : ( 1 ) where the goods have been sold with- out any stipulation as to credit ; or , ( 2 ) , where they have been sold on credit , but ...
... retain possession of them until pay- ment , or tender of the price in the following cases , namely : ( 1 ) where the goods have been sold with- out any stipulation as to credit ; or , ( 2 ) , where they have been sold on credit , but ...
Page 45
... retain them until payment or tender of the price . " The doctrine of stoppage in transitu has always been construed favourably to the seller . " Strictly speak- ing , the term stoppage in transitu only applies to cases where the ...
... retain them until payment or tender of the price . " The doctrine of stoppage in transitu has always been construed favourably to the seller . " Strictly speak- ing , the term stoppage in transitu only applies to cases where the ...
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...