The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh T. & T. Clark, 1892 - 272페이지 |
도서 본문에서
35개의 결과 중 1 - 5개
1 페이지
... warranty given after sale completed ) ; of § 24 ( rule of market overt ) ; of § 26 ( revesting of property in stolen goods on conviction of offender ) ; of § 28 ( effects of writs of execution ) are not to apply to Scotland . It is ...
... warranty given after sale completed ) ; of § 24 ( rule of market overt ) ; of § 26 ( revesting of property in stolen goods on conviction of offender ) ; of § 28 ( effects of writs of execution ) are not to apply to Scotland . It is ...
2 페이지
... warranty is alleged : - : - ' In Scotland where a buyer elects to accept goods which he might have rejected , and to treat a breach of contract as only giving rise to a claim for damages , he may , in an action by the seller for the ...
... warranty is alleged : - : - ' In Scotland where a buyer elects to accept goods which he might have rejected , and to treat a breach of contract as only giving rise to a claim for damages , he may , in an action by the seller for the ...
32 페이지
... warranty , take it with all faults . In Wieler v . Schilizzi ( 1856 ) 17 C. B. 619 , there was a contract for the sale of Calcutta linseed , and it was held the buyer had a right to expect an article saleable in the market as such . If ...
... warranty , take it with all faults . In Wieler v . Schilizzi ( 1856 ) 17 C. B. 619 , there was a contract for the sale of Calcutta linseed , and it was held the buyer had a right to expect an article saleable in the market as such . If ...
33 페이지
... warranty . If the misapprehension relates only to some quality or accident , even though that may have been the actuating motive to the purchaser , yet the contract remains binding . It should be noted that by English law a sale will ...
... warranty . If the misapprehension relates only to some quality or accident , even though that may have been the actuating motive to the purchaser , yet the contract remains binding . It should be noted that by English law a sale will ...
53 페이지
... warranty of title , ' and rests really on the principle of representation or estoppel . ( 2 ) There is an implied covenant for quiet possession , which is analogous to the implied guarantee against eviction of the Roman law . S. G. B. ...
... warranty of title , ' and rests really on the principle of representation or estoppel . ( 2 ) There is an implied covenant for quiet possession , which is analogous to the implied guarantee against eviction of the Roman law . S. G. B. ...
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자주 나오는 단어 및 구문
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 seruum 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
인기 인용구
242 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - ... 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 페이지 - 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.