The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh T. & T. Clark, 1892 - 272ÆäÀÌÁö |
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15 ÆäÀÌÁö
... error ; for , in addition to the ordinary abuses of the slave trade , such as kidnapping , substitution , and the like , with which readers of Plautus are familiar , it was common for free men to let themselves be sold as slaves in ...
... error ; for , in addition to the ordinary abuses of the slave trade , such as kidnapping , substitution , and the like , with which readers of Plautus are familiar , it was common for free men to let themselves be sold as slaves in ...
27 ÆäÀÌÁö
... ( error ) . Other passages on the same topic are LL . 14 ; 15 ; 34 pr .; 41 , 1 ; 44 ; 45 ; 57 ; 58 ; 62 , 1 ; and 19. 1. 21 , 1 . Ulpian starts by laying down the general principle in L. 9 pr . that one of the essentials of a contract of ...
... ( error ) . Other passages on the same topic are LL . 14 ; 15 ; 34 pr .; 41 , 1 ; 44 ; 45 ; 57 ; 58 ; 62 , 1 ; and 19. 1. 21 , 1 . Ulpian starts by laying down the general principle in L. 9 pr . that one of the essentials of a contract of ...
28 ÆäÀÌÁö
... error nominis , cum de corpore constat . 2. Inde quaeritur , si in ipso corpore non erratur , sed in sub- stantia error sit , ut puta si acetum pro uino ueneat , aes pro auro uel plumbum pro argento uel quid aliud argento simile , an ...
... error nominis , cum de corpore constat . 2. Inde quaeritur , si in ipso corpore non erratur , sed in sub- stantia error sit , ut puta si acetum pro uino ueneat , aes pro auro uel plumbum pro argento uel quid aliud argento simile , an ...
29 ÆäÀÌÁö
... error ( D. 41. 2. 34 ) . As to mistake about the identity of an accessory , see infra L. 34 pr . But the parties may intend the same specific thing , and give it a wrong name : that has no effect ( L. 9 , 1 ; cp . D. 45. 1. 32 ) ...
... error ( D. 41. 2. 34 ) . As to mistake about the identity of an accessory , see infra L. 34 pr . But the parties may intend the same specific thing , and give it a wrong name : that has no effect ( L. 9 , 1 ; cp . D. 45. 1. 32 ) ...
30 ÆäÀÌÁö
... error as to its quality or material attributes . The name error in substantia has often been inappropriately applied to this kind of mistake , as if it always concerned the material or substance of which the thing is made , and were ...
... error as to its quality or material attributes . The name error in substantia has often been inappropriately applied to this kind of mistake , as if it always concerned the material or substance of which the thing is made , and were ...
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actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condition contract of sale 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 quod quoque Roman law rule Sabinum Scotland Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendiderit uendidit uenditio uenditor uenditorem uero uidetur 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.
252 ÆäÀÌÁö - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.
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.
244 ÆäÀÌÁö - Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment...
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...
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 to sell or a 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 custom, if the custom be such as to bind both parties to the contract or the sale.
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.
54 ÆäÀÌÁö - First, in order to sustain an action of deceit there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.