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" ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further... "
The Pacific Reporter - Page 356
1925
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 181 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. This rule makes it unnecessary to reconcile the apparently conflicting decisions mentioned...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker, Arthur Beilby Pearson - Commercial law - 1894 - 380 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. S. 31 (1). This sub-section, in effect, declares that a contract of sale is, primd facie,...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 806 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated (r). 32. — (1) Where, in pursuance of a contract of sale, the seller is Delivery to authorized...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Related to ...

Edward Bullen - Forms (Law) - 1897 - 1126 pages
...tho breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated," depends "on the terms of the contract and tho circumstances of the case.1' (Sale of Goods...
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The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890

Sir Mackenzie Dalzell Edwin Stewart Chalmers - Commission merchants - 1899 - 220 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated.5 Sub-sect. (1.) " Suppose," says Lord Bramwell, " a man orders a suit of clothes, the price...
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Modern Business Methods: Being a Guide to the Operations Incidental to the ...

Frederick Hooper, James Graham (inspector to the West Riding County council) - Business - 1899 - 272 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. Delivery involving sea transit. — Unless otherwise agreed, where goods are sent by the...
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The Consolidated Ordinances of the Northwest Territories, 1898: Being a ...

Northwest Territories, Northwest Territories. Legislative Assembly - Law - 1899 - 1125 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. No. 10 of 1896, s. 29. 31. Where in pursuance of a contract of sale the seller is authorised...
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The Trader's Guide to the Law Affecting the Sale of Goods

Lawrence Duckworth - Sales - 1901 - 68 pages
...the breach of contract is a repudiation of the whole contract, or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. In other words, a person must " look at the actual circumstances of the case in order to...
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The Elements of the Law of Sale of Personal Property

William Livesey Burdick - Sales - 1901 - 214 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. 32. (1) Where, in pursuance of a contract of sale, the seller is authorized or required...
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The Scots Statutes Revised ...: The Public General Statutes Affecting ...

Scotland - Law - 1901
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. 32. DELIVERY TO CARRIER. — (1.) Where, in pursuance of a contract of sale, the seller...
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