The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272ÆäÀÌÁö |
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... clauses interjected , would be productive of more confusion than advantage . If the legiti- mate desire of the mercantile community for an assimilation of the law of sale in the two countries is to be given effect to in a satisfactory ...
... clauses interjected , would be productive of more confusion than advantage . If the legiti- mate desire of the mercantile community for an assimilation of the law of sale in the two countries is to be given effect to in a satisfactory ...
1 ÆäÀÌÁö
... clauses , and ( 2 ) certain new clauses . Savings . The provisions of ¡× 4 ( embodying the Statute of Frauds ) ; of ¡× 12 ( fresh consideration required to support warranty given after sale completed ) ; of ¡× 24 ( rule of market overt ) ...
... clauses , and ( 2 ) certain new clauses . Savings . The provisions of ¡× 4 ( embodying the Statute of Frauds ) ; of ¡× 12 ( fresh consideration required to support warranty given after sale completed ) ; of ¡× 24 ( rule of market overt ) ...
2 ÆäÀÌÁö
... clause , numbered ¡× 41 , is proposed allowing attachment by seller in Scotland . ' In Scotland a seller of goods may attach the same while in his own hands or possession by arrestment or poinding ; and such arrestment or poinding shall ...
... clause , numbered ¡× 41 , is proposed allowing attachment by seller in Scotland . ' In Scotland a seller of goods may attach the same while in his own hands or possession by arrestment or poinding ; and such arrestment or poinding shall ...
17 ÆäÀÌÁö
... clause ( 1 ) si qua pecunia sua die soluta non erit , the effect of which was to give a power of sale after default of the first payment , and ( 2 ) nisi sua quaque die pecunia soluta esset , which suspended the power of sale till the ...
... clause ( 1 ) si qua pecunia sua die soluta non erit , the effect of which was to give a power of sale after default of the first payment , and ( 2 ) nisi sua quaque die pecunia soluta esset , which suspended the power of sale till the ...
43 ÆäÀÌÁö
... clause ( which appears in the Institutes as a separate statement ) —that the giving of credit was to be held equivalent to payment of the price as regards the effect upon the property . This important principle of the civil law found at ...
... clause ( which appears in the Institutes as a separate statement ) —that the giving of credit was to be held equivalent to payment of the price as regards the effect upon the property . This important principle of the civil law found at ...
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actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condictio condition contract of sale creditor damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quis quod quoque Roman law rule Sabinum Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
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242 ÆäÀÌÁö - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
242 ÆäÀÌÁö - ... 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...
254 ÆäÀÌÁö - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
246 ÆäÀÌÁö - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
244 ÆäÀÌÁö - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
255 ÆäÀÌÁö - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
249 ÆäÀÌÁö - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
243 ÆäÀÌÁö - Where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract 5(i.
250 ÆäÀÌÁö - ... where the property has passed to the buyer. Unpaid Seller's Lien 54. WHEN RIGHT OF LIEN MAY BE EXERCISED: (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit. (b) Where the goods have been sold on credit, but the term of credit has expired. (c) Where the buyer becomes...
243 ÆäÀÌÁö - ... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.