Inquiries Into the Contract of Sale of Goods and Merchandise: As Recognised in the Judicial Decisions and Mercantile Practice of Modern NationsT. & J. W. Johnson, 1845 - 67 σελίδες |
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Σελίδα viii
... ground on which they may be compromised ; and it cannot well be said that the Law - Merchant is a system of universal application , till the great rules , in which all agree , shall be distinguished , and the exceptions and ...
... ground on which they may be compromised ; and it cannot well be said that the Law - Merchant is a system of universal application , till the great rules , in which all agree , shall be distinguished , and the exceptions and ...
Σελίδα 10
... grounds of their departure from the system of the Roman law in this matter . may have arisen from the separation of the jurisdiction in law and equity , the Common Law Courts having no machiney by which to enforce specific performance ...
... grounds of their departure from the system of the Roman law in this matter . may have arisen from the separation of the jurisdiction in law and equity , the Common Law Courts having no machiney by which to enforce specific performance ...
Σελίδα 12
... ground a personal action of assumpsit . In Scotland , the jus ad rem specificam is not conferred , and , of course , the risk remains with the seller . ( i ) In England , neither the property nor the risk is transferred , while any ...
... ground a personal action of assumpsit . In Scotland , the jus ad rem specificam is not conferred , and , of course , the risk remains with the seller . ( i ) In England , neither the property nor the risk is transferred , while any ...
Σελίδα 15
... ground of action . The principle on which the administration of justice in such cases is regulated is , that no court shall lend its aid to an action grounded on an illegal contract , and the maxim of law laid down for such cases is ...
... ground of action . The principle on which the administration of justice in such cases is regulated is , that no court shall lend its aid to an action grounded on an illegal contract , and the maxim of law laid down for such cases is ...
Σελίδα 16
... ground of action ; and ships , and goods found engaged in traffic with the enemy , are forfeited , as the best and most natural way of repressing the attempts of speculators in such traffic . These principles are recognised in Great ...
... ground of action ; and ships , and goods found engaged in traffic with the enemy , are forfeited , as the best and most natural way of repressing the attempts of speculators in such traffic . These principles are recognised in Great ...
Συχνά εμφανιζόμενοι όροι και φράσεις
according act of delivery action agent agreement assumpsit authenticity authority Barn Bell's Illus bill of lading bind the bargain Blackst bound broker buyer Camp carrier Code de Commerce commercial commodity contract of sale countries Court of Session creditors Cress delivered doctrine effect engagement England England and America English entitled Ersk executory France Holland House of Lords implied warranty insure jurisprudence Kent King's Bench law of England law of France law of Scotland lien Lord Ellenborough Lord Mansfield mercantile merchants necessary note or memorandum notes sent obligation offer ownership paid Pardessus parole evidence parole proof payment person possession Pothier principle Proof of Sale proved purchase question receive recognised risk Roman law rule settled shew Shipping Company signature signed sold notes statute of frauds stipulated sufficient Taunt tender thing sold third party Toullier trade transference warehouse wharfinger writing
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.