The Law Relating to the Sale of Goods and Commercial Agency

Εξώφυλλο
Stevens and Haynes, 1891 - 870 σελίδες
 

Περιεχόμενα

457
lv
139
lvii
225
lx
LIMITS OF THE SUBJECT
1
Accountable for profits secret or otherwise made by them
3
c By being an essential part of a machine or thing so fixed
8
Questions as to executory contracts not depending on Lord Tenterdens
16
WHO IS ENTITLED TO DISPOSE OF THE PROPERTY
38
Title acquired by gift
54
First kind of equitable assignment Holroyd v Marshall
61
Arthur In re Arthur v Wynne 432
69
Read and other cases considered 65 et
70
465
73
Second kind of equitable assignment Goods
76
Act of A imputed to
78
Persons selling in market overt
83
468
87
705
88
Warrants
102
Acts Order LII r 2
111
Competition
118
184
121
Whether shares in companies included in this phrase
139
Various cases illustrating the doctrine
146
In Scotland in goods sold but not delivered the true ownership
154
16
160
471
178
73
181
74
193
222
194
Can the transaction involving a transfer of property be sus
202
Cases upon that question
214
472
218
No right in security acquired by creditor until seizure
224
Allen Ex parte In re Fussell
229
PART III
233
Where parties intend to execute a formal contract
241
Sale of a public office or its emoluments
248
Williams
249
What if illegal purpose is not carried out?
254
Lotteries
260
The statute applies to sales by auction
274
Agency extended to omissions
279
Relevant facts from which acceptance may be inferred
280
Summary of the question First edition of this work
286
How carrier may by his own act become a warehouse
293
Where the goods sold are already in the possession
304
162
310
Where instrument intended to effect a transfer
314
Memorandum need not be between the partics
316
Person signing as agent prima facie not a party
322
Who are agents lawfully authorized to sign
332
THE COMMON INTENTION OF THE PARTIES TO A SALE
336
Kitching
343
Appropriation by seller alone made good by subsequent assent of buyer
348
Bowker
354
Cotesworth
360
Moakes y Nicolson
366
Shuter
373
Vendors rights are in abeyance while credit is running
452
b Delivery to buyers agent whether warehouseman or carrier
457
c Goods remaining in possession of warehouseman
464
Chichester
470
Conditions under which transitus is ended of goods still in the hands
483
10
491
Result is to answer the question in the negative
492
Factors Acts
497
Hydraulic c Co v McHaffie
504
Breaches by buyer before property has passed
512
Order of subject
520
General and special agents
526
Liability of person holding himself out as agent
534
352
540
At common law in England no authority to pledge
542
Powers of mercantile agent with respect to disposition of goods
549
Duties of consignor as agent
555
Object and function of bought and sold notes
566
But the contract being proved aliunde may satisfy the Statute
572
A partner is a general agent for the firm
622
542
627
Particular kinds of business where powers are more restricted
628
Commercial corporations usually act by agents styled directors
634
Summary remedy against directors in winding up for misfeasance c
638
PART IX
645
In ordinary cases of bargain no obligation of disclosure
651
Discretion allowed to broker
655
Duty to communicate material facts
662
164
667
And in either case is bound by his election
668
Two leading cases as to rescission of membership on the ground of fraud
670
Where insolvency followed by winding up occurs before action
678
The decisions taken in order of time
681
The principle assumed to belong to the general law of agency
684
Where there is no contract no legal proceedings for rescission
692
Instances of successful actions against directors
703
Trial of directors in Overend Gurney
716
Acceptance of offer
725
224
727
Attornment clause in mortgage
735
Recapitulation of heads under which actual receipt is treated
740
An evasion partially successful under the old
741
Bought and sold notes Various forms
743
717
749
677
752
PART IV
758
Contract conditional on act of third person
759
722
764
F Official Receiver under powers of the Bankruptcy Act 1883
768
What are goods wares and merchandizes
784
576
796
Maltby
802
Quare whether the sellers broker setting off transactions with the jobber
804
636
827
within the Bills of Sale Act 1878
829
692
836
SECTION IIIOTHER QUESTIONS OF CONSTRUCTION AND EFFECT GOING
839
Tender
855
S
865

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