The Law of AgencyClowes, 1900 - 196페이지 |
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9 Vict action Agency 9th agreement authority coupled bailee bailee or custodier bankruptcy Barrister-at-Law behalf binding bound breach broker brought buyer charter-party commission agent Common Law contract note course Court held Court of Appeal custom defendant delivering the judgment documents of title employed employment entitled and liable expressly fraud giving judgment illegal implied authority indemnify Inner Temple laid lien London Stock Exchange Lord loss or damage master mercantile agent merchant Midland Counties Railway negligence notice ordinary scope owner particular pawnbroker payment personally liable plaintiff possession power of attorney principal's privity of contract professing agent purchaser Railway Company ratified ratio decidendi real principal reason received remuneration revocation revoked right of lien rule servant ship signed sold solicitor Statute Statute of Frauds Stock Exchange stoppage in transitu sub-agent sued third party transaction ubi supra unauthorized undisclosed principal unpaid seller vide
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161 페이지 - The seller of goods is deemed to be an unpaid seller within the meaning of this act-- (a) When the whole of the price has not been paid or tendered; (b) When a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise. (2) In this part of this act the term "seller...
162 페이지 - UNPAID SELLER'S LIEN Section 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 insolvent.
164 페이지 - If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf. 3. If goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer.
156 페이지 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other document* used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.
162 페이지 - Seller. (1) Subject to the provisions of this act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such has — (a) A lien on the goods or right to retain them for the price while he is in possession of them...
65 페이지 - ... all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
163 페이지 - Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.
156 페이지 - ... the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
26 페이지 - procuration" operates as notice that the agent has but a limited authority to sign, and the principal is bound only in case the agent in so signing acted within the actual limits of his authority Sec.
163 페이지 - Lost. (1) The unpaid seller of goods loses his lien thereon — (a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the property in the goods or the right to the possession thereof; (b) When the buyer or his agent lawfully obtains possession of the goods; (c) By waiver thereof.