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 14
433 , for the doctrine of implied agreement , adds , " What is implied in 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 ...
433 , for the doctrine of implied agreement , adds , " What is implied in 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 ...
Σελίδα 50
As no one can justly * sell any" Pe thing without having a full title of ownership , or
at least a right to dispose of the subject which he sells , ( i ) he , by the act of
selling , gives an implied assurance to the buyer that he holds such powers as ...
As no one can justly * sell any" Pe thing without having a full title of ownership , or
at least a right to dispose of the subject which he sells , ( i ) he , by the act of
selling , gives an implied assurance to the buyer that he holds such powers as ...
Σελίδα 51
( m ) This implied undertaking suffers exception only in the case of faults so
obvious that they cannot be supposed to * escape ordinary observation , ( n ) the
law ro never implying an engagement to warrant an article different from L " what
it ...
( m ) This implied undertaking suffers exception only in the case of faults so
obvious that they cannot be supposed to * escape ordinary observation , ( n ) the
law ro never implying an engagement to warrant an article different from L " what
it ...
Σελίδα 52
That the article shall answer to its description , as understood in the trade ; Thus a
sale of waste silk was held to imply a ... That in regard to articles sold by a dealer
, which the buyer has had an opportunity of examining , there is no implied ...
That the article shall answer to its description , as understood in the trade ; Thus a
sale of waste silk was held to imply a ... That in regard to articles sold by a dealer
, which the buyer has had an opportunity of examining , there is no implied ...
Σελίδα 53
The law of Scotland gives an implied warranty of merchantable quality , unless
the fault be open to ordinary observation , the article being shewn to the buyer
and taken by him without objection . 2 . In England the buyer is his own merchant
...
The law of Scotland gives an implied warranty of merchantable quality , unless
the fault be open to ordinary observation , the article being shewn to the buyer
and taken by him without objection . 2 . In England the buyer is his own merchant
...
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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 |