The Law of Sales of Personal Property

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Little, Brown,, 1913 - 407페이지
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The Test of Deliverability by others
22
Upon whose Materials is Labor expended Georgia and Vermont
23
The Essential Ingredient Test in Maine and New Hamp shire
24
Ultimate Object of Contract must be the Transfer of Title to Goods
25
GOODS OR AN INTEREST IN LAND
26
Ice
27
Soil Products
28
Natural Soil Products
29
Other Views
30
Fixtures in England
31
Trade Fixtures in the United States
32
17
33
A Sale differs from a Mortgage
34
Application of Foregoing Rules
35
Grain in Public Warehouses
36
THE PRICE
37
Sale or Barter
38
If Price is not stipulated
39
Reasonable Price
40
PRICE AND Part PAYMENT UNDER THE STATUTE OF FRAUDS
41
Uncertainty of Aggregate Sum
42
Time of Part Payment
43
THE FORM OF THE CONTRACT
44
Memorandum not a Written Contract
45
CHAPTER II
53
CHAPTER III
64
Sale Return
71
Special Stipulations as to Risk
89
CHAPTER V
99
PROMISSORY CONDITIONS BINDING ON THE SELLER
110
210 211 Sales by Description
148
Peculiar Views
149
May include Patent Defects
150
The Warranty need not be the Sole Inducement to the Purchase
151
B IMPLIED WARRANTIES
154
Prompt Action required
155
Reasons for Prevailing View
156
A Different View of the Effect of Acceptance
157
The Origin of this Anomalous View
158
English Cases misunderstood
159
Effect of Acceptance 1 when Contract is entire 2 when it is severable
160
When Sellers Power ceases
161
BUYERS RIGHTS UPON BREACH OF WARRANTY
162
Right to rescind
163
Breach of Warranty as a Tort
164
Failure to distinguish Warranty from Condition
165
This Fundamental Distinction discarded by a Few Courts
166
7 SELLERS DUTY TO DELIVER POSSESSION
167
Formal Tender not necessary
168
The Place of giving Possession
169
Cumbrous Articles and Portable Goods
170
When they designate a Locality leaving Exact Spot to be fixed
171
Time of giving Possession
172
Reasonable Hour
173
Strict Performance may be waived
174
Entire not Divisible Contracts
175
Unsatisfactory State of Authorities
176
Default must amount to a Renunciation of the Contract
177
Breach going to the Whole Consideration
178
Breach of any Essential Term of an Instalment Contract
179
Is Time of Payment an Essential Term of Instalment Contracts?
180
The Rule in Scotland
181
These Decisions open to Criticism
182
Right to rescind may be waived
183
A TRANSFER OF POSSESSION WITHOUT CAANGE OF LOCATION
184
Delivery of Goods already in Buyers Possession
185
Actual Tradition impracticable
186
Delivery by Tradition of Key
187
Delivery by Attornment of Third Party
188
Bills of Lading and other Documents of Title
189
Does Notice to Third Party dispense with Attornment?
190
B TRANSFER OF POSSESSION BY DELIVERY TO A CARRIER
191
Goods must be prepared for Transportation
192
Care in providing the Buyer a Remedy against the Carrier
193
Delivery to a Warehouseman
194
D A PARTIAL DELIVERY UNDER AN ENTIRE CONTRACT
195
8 BUYERS RIGHTS AGAINST THIRD PARTIES
196
Sale in Market Overt
197
Transfer by one not Owner under a Power of Sale
198
Transfers with Consent of Owner
199
290 Sale by one who obtained Possession by Trick
200
Negotiability of Warehouse Receipts
211
Sale by one in Possession without other Semblance of Authority
212
Sale by Possessor with Apparent Authority to sell
213
Stock Certificates with Indorsements signed in Blank
214
Sale by Conditional Vendee
215
309 310 What Right may be acquired by a Purchaser from a Conditional Vendee
216
a Law applicable to Conditional Sales
218
Conditional Sale transformable into an Absolute Sale
219
Destruction of the Property after Delivery
221
Conditional Vendor may be estopped
222
Statutory Reputed Ownership
223
The Mercantile View
224
Effect given to the Mercantile View by Factors Acts
225
Vendors Retention of Possession
226
Caldwell v Ball misunderstood by the Massachusetts Court
227
The Anomalous Doctrine supported by Considerations of Public Policy
228
Delivery under this Rule
229
Continued Possession by Vendor as Evidence of Fraud
230
The Earlier English Doctrine approved by some Courts Various Reasons
231
When Vendee excused from taking Actual Possession
232
SPECIFIC PERFORMANCE BY THE SELLER MAY BE DECREED
236
DAMAGES FOR BREACH OF WARRANTY
246
CHAPTER VI
252
DAMAGES FOR NONACCEPTANCE
256
368 369 370 Premature Repudiation by Purchaser
257
Rules for the Measure of Damages
259
Seller may sue as soon as Buyer repudiates
260
Horst v Roehm stated
261
a Buyers Breach not amounting to Repudiation
262
BUYERS DUTY TO TAKE AWAY Goods
263
The Unpaid Seller
264
Lien accorded to Quasi Vendors
265
Seller in Possession
266
Lien waived Sale on Credit
267
a The Lien Ceases
268
Effect on Lien of Transfers of Buyers Interest
269
How this Right differs from that of Lien
270
The Unpaid Seller
271
Factors who are not Unpaid Vendors
272
Buyer Insolvent when Goods despatched
273
Interception of Transit by Attornment
275
Interception by Sole Act of Buyer
276
Interception by Transferee of Buyer
277
Transferee of Bill of Lading
278
Bill of Lading must be transferred for Value
279
When Bill of Lading is transferred as Security
280
Absolute Transfer of Bill of Lading with Subpurchase Price unpaid
281
Transit continues until the Goods come to Buyers Pos session
283
Deposit of Goods in Bonded Warehouse
284
a Carriers Wrongful Refusal to deliver
285
412 Invalid Notice
286
Doctrine of Newhall v Central Railway
287
SELLERS RIGHT OF RESALE
288
How should Resale be made?
289
Notice of Intention to resell
290
Title of Buyer on a Resale
291
a Unreasonable Delay
292
Rejection of Goods which conform to the Contract
293
Vendors Right to regain Title in America
294
Rescission pursuant to a Term of the Contract
295
Injured Partys Choice of Remedies
296
APPENDIX I
297
POSSESSION AS EVIDENCE OF TITLE
299
APPENDIX II
300
THE FACTORS SCOTLAND Act 1890 53 54 Vict c 40
304
THE EARLIER FACTORS ACTS IN ENGLAND
305
APPENDIX III
308
FACTORS ACT OF MASSACHUSETTS PUBLIC STATUTES c 71
309
HISTORICAL SKETCH OF THE FACTORS ACTS IN THE UNITED STATES
311
JUDICIAL INTERPRETATION OF FACTORS ACTS
316
Goods must be in Transferrers Name with Owners Consent
317
The Acts are confined to Agents intrusted for Sale
318
6 He must have been intrusted with that Possession for Sale
319
APPENDIX IV
321
i
323
Statutory isio as to Vendors Retention of Pos
331
THE SALE OF GOODS Act
365
session 232
379
INDEX
391
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345 페이지 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...
336 페이지 - ... his agent, or to the order of the seller or his agent, the seller thereby reserves the property in the goods.
369 페이지 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows...
368 페이지 - ... an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
385 페이지 - ... decree direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
349 페이지 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale.
389 페이지 - in good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not.
348 페이지 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller
59 페이지 - Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.
70 페이지 - ... (a) when he signifies his approval or acceptance to the seller or does any other act adopting the transaction; (b) if he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.

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