CONTRACTS WHICH NEED NOT BE PERFORMED. Contracts changed, rescinded or altered need not be performed SECTION Obligation of person who has received advantage under void agreement, or contract that becomes void. Mode of communicating or revoking rescission of voidable contract CHAPTER V. OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT. Claim for necessaries supplied to person incapable of contracting, or on 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 mistake or under coercion CHAPTER VI. OF THE CONSEQUENCES OF BREACH OF CONTRACT. Compensation for loss 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 Transfer of ownership of thing sold, which has yet to be ascertained, Completion of sale of goods, which the seller is to put into state in which buyer is to take them SECTION Completion of sale of goods, when seller has to do anything thereto in 81 82 83 84 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 85 86 . 87 89 Seller's lien where payment to be made at a future day, and buyer allows goods to remain in seller's possession Lien where payment to be made at a future day, but no time fixed for delivery. 95 96 ib. Cessation of right on assignment, by buyer, of document showing title How seller may stop where instrument of title assigned to secure specific advance. • 99 ΙΟΙ TITLE. 108 Title conveyed by seller of goods to buyer WARRANTY. Seller's responsibility for badness of title Establishment of implied warranty of goodness or quality Warranty implied where goods are sold as being of a certain denomination Warranty where goods ordered for a specified purpose Warranty on sale of article of well-known ascertained kind Seller when not responsible for latent defects. Buyer's right on breach of warranty 113 114 115 116 117 Right of buyer on breach of warranty in respect of goods not ascertained 118 MISCELLANEOUS. When buyer may refuse to accept, if goods not ordered are sent with 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 CHAPTER VIII. OF INDEMNITY AND GUARANTEE. 121 122 123 'Contract of indemnity' defined Rights and liabilities of indemnity-holder, when sued 'Contract of guarantee,'' surety,'' principal debtor,' and 'creditor 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 Surety not discharged when agreement made with third person to give time to principal debtor. Creditor's forbearance to sue does not discharge surety Discharge of surety by creditor's act or omission impairing surety's Rights of surety on payment or performance Discharge of surety by release or discharge of principal debtor Surety's right to benefit of creditor's securities 141 SECTION 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 142 143 144 145 Bailee when not liable for loss, etc., of thing bailed Termination of bailment by bailee's act inconsistent with conditions Effect of mixture, without bailor's consent, when the goods cannot be Re-payment, by bailor, of necessary expenses. Bailor's responsibility to bailee Bailee's responsibility when goods are not duly delivered or tendered Bailor entitled to increase or profit from goods bailed Bailment by several joint owners Return of goods bailed, on expiration of time or accomplishment of purpose. Bailee not responsible on re-delivery to bailor without title General lien of bankers, factors, wharfingers, attorneys and policybrokers ib. 169 170 Pawnee not to retain for debt or promise other than that for which goods 172 173 174 ib. 175 Pawnee's right where pawnor makes default Defaulting pawnor's right to redeem Pledge by possessor of goods, or of documentary title to goods 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 CHAPTER X. Representation of principal by sub-agent properly appointed 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 193 190 191 192 ib. ib. RATIFICATION. Right of person as to acts done for him without his authority. Ratification may be expressed or implied Knowledge requisite to valid ratification Effect of ratifying unauthorised act forming part of a transaction REVOCATION OF AUTHORITY. Termination of agency Termination of agency, where agent has an interest in subject-matter Compensation for revocation by principal, or renunciation by agent |