The Law of Sales of Personal Property

¾ÕÇ¥Áö
Little, Brown,, 1913 - 407ÆäÀÌÁö

µµ¼­ º»¹®¿¡¼­

¼±ÅÃµÈ ÆäÀÌÁö

¸ñÂ÷

The Consideration Test accepted by some States 31 The Test of Deliverability by others 32 The Deliverability Test in New York
22
Special Order Test in Massachusetts 34 Upon whose Materials is Labor expended Georgia and Vermont
23
Doctrine of Lee v Griffin in the United States
24
Ultimate Object of Contract must be the Transfer of Title to Goods
25
GOODS OR AN INTEREST IN LAND 38 Distinct Species of Property 39 Minerals
26
40
27
Soil Products 42 Annual Crops
28
Natural Soil Products
29
Other Views
30
Fixtures in England
31
Trade Fixtures in the United States
32
Contract for Sale of Land and Goods 87 THE PROPERTY
33
Sale transfers General Property 49 A Sale differs from a Mortgage 50 A Sale differs from a Pledge 51 A Sale differs from a Lien and a Trust
34
Application of Foregoing Rules
35
Grain in Public Warehouses
36
8 THE PRICE
37
Necessary to Sale 55 Sale or Barter
38
If Price is not stipulated
39
Reasonable Price
40
PRICE AND PART PAYMENT UNDER THE STATUTE OF FRAUDS 58 Price must exceed a Named Sum 59 Several Articles bought at one Intervi...
41
Uncertainty of Aggregate Sum 61 Earnest and Part Payment
42
Time of Part Payment
43
THE FORM OF THE CONTRACT 63 Nature of the Memorandum
44
CHAPTER II
53
Memorandum not a Written Contract
64
54
73
Waiver of Subsidiary Provision
78
59
83
a Buyers Power to pass Title
84
CHAPTER III
90
PAGE
93
982277 88 55889
95
Receipt of Document of Title instead of the Goods
97
Damages for its Breach when its Effect as a Condition
103
PROMISSORY CONDITIONS BINDING ON THE SELLER
110
162 When these Engagements will not be implied
115
Sale of Goods not in Vendors Possession
116
This Rule is applied most frequently to Contracts to sell
118
Sale with all Faults
119
When a Sale is by Sample
120
Fitness for a Particular Purpose a Express En gagement
121
Seller must be notified of Particular Purpose
122
Reliance on Sellers Skill or Judgment
123
The Superior Skill and Judgment of a Manufacturer or Producer
124
The Rule applies to Quarrymen and Seedgrowers
125
Buyer relies on his Judgment in Case of a Specified Article bought under its Trade Name
126
No Reliance by Buyer when he specifies the Materials or Methods
127
The Engagement of Breeders of Animals
128
Is a Dealers Undertaking the same as a Manufacturers?
129
The Manufacturer as a Dealer
130
Seller engages that Goods are Merchantable
131
Present not Future Merchantableness
132
Engagement of the Vendor of Provisions
133
Quantity as an Essential Term
134
a All that the Purchaser may require
135
An Estimated Quantity
136
192 193 194 Contract for a Cargo
137
Goods must not be mingled with Others
139
Place of Delivery is generally the Place of Inspection
141
Inspection may necessitate Use of Property
142
Example of Sale or Return
143
Absolute Title before Inspection
144
WARRANTIES
145
A EXPRESS WARRANTIES
147
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 CHANGE 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
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
Meaning of Valuable Consideration
202
Legal Holder of Bill of Lading has Apparent Authority
208
Stock Certificates with Indorsements signed in Blank
214
Destruction of the Property after Delivery
221
Caldwell v Ball misunderstood by the Massachusetts
227
SPECIFIC PERFORMANCE BY THE SELLER MAY BE DECREED
236
Seller and Buyer need not be agreed as to the Precise
242
Fruit Trees
248
2 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
SELLERS RIGHT OF RESALE
288
APPENDIX I
297
THE FACTORS SCOTLAND ACT 1890 53 54 VICT c
304
HISTORICAL SKETCH OF THE FACTORS ACTS IN THE UNITED STATES
311
APPENDIX IV
321
THE SALE OF GOODS ACT
365
INDEX
391
ÀúÀÛ±Ç

±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â

ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®

Àαâ Àο뱸

345 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... his agent, or to the order of the seller or his agent, the seller thereby reserves the property in the goods.
369 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - in good faith" within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not.
348 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - ... (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.

µµ¼­ ¹®ÇåÁ¤º¸