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SECTION

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CONTRACTS WHICH NEED NOT BE PERFORMED.
Contracts changed, rescinded or altered need not be performed
Promisee may dispense with or remit performance of promise
Consequences of rescission of voidable contract
Obligation of person who has received advantage under void agreement,

or contract that becomes void.
Mode of communicating or revoking rescission of voidable contract
Effect of neglect of promisee to afford promisor reasonable facilities for

performance

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CHAPTER V.

OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY

CONTRACT.

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Claim for necessaries supplied to person incapable of contracting, or on

his account
Reimbursement of person paying money due by another, in payment of

which he is interested
Obligation of person enjoying benefit of non-gratuitous act
Responsibility of finder of goods
Liability of person to whom money is paid, or thing delivered, by mis-

take or under coercion

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CHAPTER VI.

OF THE CONSEQUENCES OF BREACH OF CONTRACT.

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Compensation for logs or damage caused by breach of contract
Compensation for failure to discharge obligation resembling those created

by contract
Title to compensation for breach of contract in which a sum is named as

payable in case of breach Party rightfully rescinding contract, entitled to compensation

75

CHAPTER VII.

SALE OF Goods.

WHEN PROPERTY IN GOODS SOLD PASSES.

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'Goods' defined
'Sale' defined
Sale how effected
Transfer of ownership of thing sold, which has yet to be ascertained,

made or finished
Completion of sale of goods, which the seller is to put into state in which

buyer is to take them

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Completion of sale of goods, when seller has to do anything thereto in

order to ascertain price.
Completion of sale, when goods are unascertained at date of contract
Ascertainment of goods by subsequent appropriation
Ascertainment of goods by seller's selection
Transfer of ownership of movable property, when sold together with

immovable
Buyer to bear loss after goods have become his property
Transfer of ownership of goods agreed to be sold while non-existent
Contract to sell and deliver, at a future day, goods not in seller's posses-

sion at date of contract
Determination of price not fixed by contract

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Seller's lien.
Lien where payment to be made at a future day, but no time fixed for

delivery.
* Insolvency' defined
Seller's lien where payment to be made at a future day, and buyer allows

goods to remain in seller's possession Seller's lien against subsequent buyer

96 ib.

97 98

STOPPAGE IN TRANSIT.

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Power of seller to stop in transit
When goods are to be deemed in transit
Continuance of right of stoppage
Cessation of right on assignment, by buyer, of document showing title
How seller may stop where instrument of title assigned to secure specific

advance.
Stoppage how effected
Notice of seller's claim
Right of seller on stoppage

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WARRANTY.

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Seller's responsibility for badness of title

109 Establishment of implied warranty of goodness or quality Warranty of soundness implied on sale of provisions Warranty of bulk implied on sale of goods by sample Warranty implied where goods are sold as being of a certain denomination

113 Warranty where goods ordered for a specified purpose

114 Warranty on sale of article of well-known ascertained kind

115 Seller when not responsible for latent defects .

116 Buyer's right on breach of warranty

117 Right of buyer on breach of warranty in respect of goods not ascertained 118

MISCELLANEOUS.

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119 I 20

When buyer may refuse to accept, if goods not ordered are sent with

goods ordered. Effect of wrongful refusal to accept Right of seller as to rescission, on failure of buyer to pay price at time

fixed Sale and transfer of lots sold by auction. Effect of use, by seller, of pretended biddings to raise price

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CHAPTER VIII.

OF INDEMNITY AND GUARANTEE.

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136 127 128 129 130 131

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Contract of indemnity' defined
Rights and liabilities of indemnity-holder, when sued
*Contract of guarantee,' surety,' principal debtor,' and creditor '
Consideration for guarantee
Surety's liability

Continuing guarantee'.
Revocation of continuing guarantee
Revocation of continuing guarantee by surety's death
Liability of two persons, primarily liable, not affected by private ar-

rangement between them as to suretyship
Discharge of surety by variance in terms of contract
Discharge of surety by release or discharge of principal debtor
Discharge of surety when creditor compounds with, gives time to, or

agrees not to sue, principal debtor.
Surety not discharged when agreement made with third person to give

time to principal debtor .
Creditor's forbearance to sue does not discharge surety
Release of one co-surety does not discharge others .
Discharge of surety by creditor's act or omission impairing surety's

eventual remedy
Rights of surety on payment or performance
Surety's right to benefit of creditor's securities

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Guarantee obtained by misrepresentation, invalid .
Guarantee obtained by concealment, invalid .
Guarantee on agreement that creditor shall not act on it until co-surety

joins
Implied promise to indemnify surety
Co-sureties liable to contribute equally.
Liability of co-sureties bound in different sums

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144 145 146 147

CHAPTER IX.

OF BAILMENT.

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Bailment,'. bailor,' and · bailee' defined

148 Delivery to bailee how made .

149 Bailor's duty to disclose faults in goods bailed

150 Care to be taken by bailee

151 Bailee when not liable for loss, etc., of thing bailed

152 Termination of bailment by bailee's act inconsistent with conditions 153 Liability of bailee making unauthorized use of goods bailed

154 Effect of mixture, with bailor's consent, of his goods with goods of bailee 155 Effect of mixture, without bailor's consent, when the goods can be separated

156 Effect of mixture, without bailor's consent, when the goods cannot be separated

157 Re-payment, by bailor, of necessary expenses

158 Restoration of goods bailed gratuitously .

159 Return of goods bailed, on expiration of time or accomplishment of purpose.

160 Bailee's responsibility when goods are not duly delivered or tendered

161 Termination of gratuitous bailment by death .

162 Bailor entitled to increase or profit from goods bailed

163 Bailor's responsibility to bailee

164 Bailment by several joint owners

165 Bailee not responsible on re-delivery to bailor without title

166 Right of third person claiming goods bailed

167 Right of finder of goods.

168 May sue for specific reward offered

ib. When finder of thing commonly on sale may sell it

169 Bailee's particular lien :

170 General lien of bankers, factors, wharfingers, attorneys and policybrokers

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172 173

BAILMENTS OF PLEDGES.
*Pledge,'pawnor,' and pawnee' defined
Pawnee's right of retainer
Pawnee not to retain for debt or promise other than that for which goods

pledged.
Presumption in case of subsequent advances
Pawnee's right as to extraordinary expenses incurred

174

ib. 175

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Pawnee's right where pawnor makes default .
Defaulting pawnor's right to redeem
Pledge by possessor of goods, or of documentary title to goods
Pledge where pawnor has only a limited interest

176 177 178 179

SUITS BY BAILEES OR BAILORS AGAINST WRONG-DOERS.

Suit by bailor or bailee against wrong-doer
Apportionment of relief or compensation obtained by such suits

180 181

CHAPTER X.

AGENCY.

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APPOINTMENT AND AUTHORITY OF AGENTS.
'Agent' and 'principal' defined
Who may employ agent
Who may be an agent
Consideration not necessary
Agent's authority may be expressed or implied
Definitions of express and implied authority
Extent of agent's authority
Agent's authority in an emergency

SUB-AGENTS.
When agent cannot delegate .
'Sub-agent' defined
Representation of principal by sub-agent properly appointed
Agent's responsibility for sub-agent
Sub-agent's responsibility
Agent's responsibility for sub-agent appointed without authority
Relation between principal and person duly appointed by agent to act

in business of agency
Agent's duty in naming such person

RATIFICATION.
Right of person as to acts done for him without his authority.
Effect of ratification
Ratification may be expressed or implied
Knowledge requisite to valid ratification
Effect of ratifying unauthorised act forming part of a transaction
Ratification of unauthorised act cannot injure third person

190 191 192

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196

ib. 197 198 199 200

REVOCATION OF AUTHORITY.

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Termination of agency
Termination of agency, where agent has an interest in subject matter
When principal may revoke agent's authority.
Revocation where authority has been partly exercised
Compensation for revocation by principal, or renunciation by agent

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