The Law of Sales of Personal Property

앞표지
Little, Brown,, 1913 - 407페이지

도서 본문에서

선택된 페이지

목차

the Mass
54
Cash Sale is not conditional in most Jurisdictions
60
UNASCERTAINED OR FUTURE GOODS
71
28
74
3 RESERVATION OF THE RIGHT OF DISPOSAL
78
33
83
a Buyers Power to pass Title
84
35
90
130 What Act amounts to a Receipt
94
If Goods are on the Land of a Third Party
95
Actual Receipt involves Mutual Assent
96
Receipt of Document of Title instead of the Goods
97
Receipt and Acceptance under Contract of Sale with Option to resell or repurchase
98
CHAPTER V
99
Conditions and Warranties
100
Warranty should be used in a Single Sense
101
The Nature of Promissory Conditions
102
Damages for its Breach when its Effect as a Condition is waived
103
Distinction between Promissory Conditions and War ranties
104
B PROVISIONS WHICH ARE MERE CONDITIONS
105
Sale of Goods to be appraised
106
Sale of Goods to be approved by a Third Person
107
Effect of Third Partys Decision
108
Judicial Construction of these Contracts
109
PROMISSORY CONDITIONS BINDING ON THE SELLER
110
This Engagement is not collateral to the Sale Contract
111
It is treated as Collateral by some Courts
112
Engagement for Quiet Possession
113
37
114
Damages for Breach of Engagement as to Quiet Posses sion and Encumbrances
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
38
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
40
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
41
151
Province of Court and of Jury
152
91
155
The Opposite View
203
Is a Pledgee a Purchaser for Value?
204
An Attaching Creditor or Assignee as a Purchaser for Value
205
Legal Holder of Bill of Lading has Apparent Authority to sell
208
Bill of Lading not fully negotiable
209
Negotiability of Bills of Lading under Statutes
210
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
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
Seller and Buyer need not be agreed as to the Precise
242
Strict Performance may be waived
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
3 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
b He must have been intrusted with that Possession for Sale
319
저작권

기타 출판본 - 모두 보기

자주 나오는 단어 및 구문

인기 인용구

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.

도서 문헌정보