Inquiries Into the Contract of Sale of Goods and Merchandise: As Recognized in the Judicial Decisions and Mercantile Practice of Modern Nations |
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Σελίδα 11
... his creditors , by the English system of law , have only a lien for the unpaid
price , the property being held as already transferred to the buyer ; while , in the
Scottish , the creditors are entitled to consider the property as still untransferred
from ...
... his creditors , by the English system of law , have only a lien for the unpaid
price , the property being held as already transferred to the buyer ; while , in the
Scottish , the creditors are entitled to consider the property as still untransferred
from ...
Σελίδα 35
... mortgaged , or assigned , shall be presumed to be fraudulent and void , as
against the creditors of the vender or the creditors of the person making such
assignment or subsequent purchasers in good faith ; and shall be conclusive
evidence ...
... mortgaged , or assigned , shall be presumed to be fraudulent and void , as
against the creditors of the vender or the creditors of the person making such
assignment or subsequent purchasers in good faith ; and shall be conclusive
evidence ...
Σελίδα 57
The law relative to such conditions , in France and in Scotland , is explained by
Pothier and by Stair ; ( a ) and the effect of these , though unquestionable as
between the parties , admits of an important distinction when purchasers or
creditors ...
The law relative to such conditions , in France and in Scotland , is explained by
Pothier and by Stair ; ( a ) and the effect of these , though unquestionable as
between the parties , admits of an important distinction when purchasers or
creditors ...
Σελίδα 59
As it is not enough to save the goods from the seizure by the creditors of the
seller that the price is already paid , it thus becomes a matter very important for
the purposes of substantial justice , that the description of delivery , sufficient to
change ...
As it is not enough to save the goods from the seizure by the creditors of the
seller that the price is already paid , it thus becomes a matter very important for
the purposes of substantial justice , that the description of delivery , sufficient to
change ...
Σελίδα 61
In the Court of Session there was a difference of opinion on the Bench , Lord
President Blair having stated the principles of the Scottish law as leading , in
such a case , to the conclusion that there was no delivery , and so , that the
creditors of ...
In the Court of Session there was a difference of opinion on the Bench , Lord
President Blair having stated the principles of the Scottish law as leading , in
such a case , to the conclusion that there was no delivery , and so , that the
creditors of ...
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Inquiries Into the Contract of Sale of Goods and Merchandise: As Recognized ... George Joseph Bell Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2020 |
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Συχνά εμφανιζόμενοι όροι και φράσεις
acceptance according action actual admitted agent agreed agreement America answer applicable authority bargain Barn Bell's Illus bill bind bound buyer carrier Code commodity complete condition contract contract of sale countries course Court creditors Cress decision delivered delivery demand direct doctrine East effect engagement England English entitled established evidence express fixed followed France frauds give given ground hand held Holland immediate implied important Judges jurisprudence Kent law of England Lord means measures mercantile merchants necessary notice obligation offer paid parole evidence particular parties passed payment person possession practice principles proof proved purchase quantity question ready receive recognised respects risk rule Scotland seems seller sent settled ship signed sold specific statute sufficient taken thing thing sold trade transference universal unless warranty weight writing written
Δημοφιλή αποσπάσματα
Σελίδα 35 - Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of...
Σελίδα 30 - 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.
Σελίδα 30 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Σελίδα 34 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or Third. Unless the buyer shall, at the time, pay some part of the purchase money.
Σελίδα 25 - ... accept part of the goods so sold and actually receive the same, or (2) give something in earnest to bind the bargain or in part of payment, or (3) 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.
Σελίδα 20 - I am wrong, that if a man sells goods to be delivered on a future day, and neither has the goods at the time, nor has entered into any prior contract to buy them, nor has any reasonable expectation of receiving them by consignment, but means to go into the market and buy the goods which he has contracted to deliver, he cannot maintain an action on such contract.
Σελίδα 30 - That the said enactments shall extend to all contracts for the sale of goods of the Value of ten pounds sterling and upwards, notwithstanding the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made procured or provided...
Σελίδα 60 - Where goods are ponderous and incapable of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of the warehouse in which the goods are lodged, or by delivery of other indicia of property.
Σελίδα 26 - It is admitted that, provided the name be inserted in such manner as to have the effect of authenticating the instrument, the provision of the act is complied with, and it does not much signify in what part of the instrument the name is to be found.
Σελίδα 14 - What is implied by law is as strong to bind the parties as if it were under their hand. This is a contract in which the parties are silent as to price, and therefore leave it to the law to ascertain what the commodity contracted for is reasonably worth.
Πληροφορίες βιβλιογραφίας
| Τίτλος | Inquiries Into the Contract of Sale of Goods and Merchandise: As Recognized in the Judicial Decisions and Mercantile Practice of Modern Nations Law library Legal classics library |
| Συγγραφέας | George Joseph Bell |
| Εκδότης | T. & J.W. Johnson, 1845 |
| Μέγεθος | 67 σελίδες |
| Εξαγωγή αναφοράς | BiBTeX EndNote RefMan |