Acceptance of goods under the English Statute of Frauds, may be constructive, 138. Actio quanti minoris, 194, 210-
redhibitoria, 194, 201 sq. its effects, 231: duties of the pur- chaser under, 202, 203: of the vendor, 203-206: points in which the law treats the two parties differently, 207 sq. : limitation of the action, 209.
Addictio in diem, 160: what is a 'better offer'?, 160: effects of ad- dictio, where the condition is suspensive, 163, and resolutive, 164 when the condition is ful- filled, 165, 166: effect of a second addictio, 166: are the principles of addictio applied to sales by auction?, 167.
Aedilician Edict, 111: on pacta dis-
plicentiae, 175 as to quality of goods sold, 192-195.
Agents, effect of contracts made by, 48, 198, 199. Ager vectigalis, 6. Arra, 43, 48, 172.
Assignment by sale of rights of action, 36-38.
Auction, sales by, 167-169. Auctor, auctorem laudare, 118. Aversio, sale by, 72, 83, 84.
Capacity to enter into a contract of sale, 9, 10.
Commodum rei, belongs to the pur- chaser, 92: fruits, 92: fructus civiles, 93: accessions, 94. Conditions suspensive and resolu tive, 156, 157: conditions dis- tinguished from terms in the contract, 157: which of the par- ties is affected by the condition, 158 question whether a condi-
English Law, fundamental con- trasts with Roman in the matter of sale, 3 whether a contract is sale, or for work and labour, 7, 8: sales of pensions and public offices, 20 of noxious things, 21: of things which have ceased to exist, 21, 22: purchase of pro- perty already belonging to the purchaser, 24: sale of goods not belonging to the vendor, 27: appropriation of goods to the con- tract, 29 sale of things not yet in existence, 32: as to the giving of assent to the contract by con- duct, 44 contracts by correspon- dence, 46: revocation of offers, 46: earnest, 48: as to mistake, 52 destruction of goods before
delivery without vendor's fault, 53: mistake of price, 56: mis- take as to the other party, 57: the price must be in money, 66: doctrine of reasonable price,' 69 agreement that the price shall be fixed by a third person, 71: expressions such as 'about,'
more or less,' in describing the quantity of the thing sold, 73: effect of purchaser's marking the goods, 81: question at whose risk the property is, 91: as to commodum rei, 95: performance by each party a concurrent con- dition of performance by the other, 96: vendor's duty to de- liver the goods, 99: destruction of the goods while in the ven- dor's possession, 107: delay on the purchaser's part in accepting delivery, 108: effect of the con- tract in transferring the property, 135-137, 145, 146: origin of the English rule on the subject, 137: vendor's implied warranty of Title, 139-141: question whether payment by a third person dis- charges the purchaser, 144: purchaser's duty to fetch the goods away, 147: vendor's right of re-sale, 148, and lien for un- paid purchase money, 149, 150: doctrine of stoppage in transitu, 152, 153 sales by auction, 168: legality of puffers at auctions, 168: puffing of one's own goods, 191: sales 'on trial,' 'on approval,' 'sale or return,' 174, 175: sales by description, 190: innocent misrepresentation not forming part of the contract, 190, 191: implied warranty of quality on a sale of goods, 205, 210, 216-219. Eviction, vendor bound to compen-
sate purchaser for, 110 sq.: his- torical origin of the liability, 111: what is an eviction, 112-115: how it can take place, 113: the flaw in the purchaser's title must have existed when the contract was made, 115: vendor not li- able if eviction is due to the pur. chaser's own fault, 116: eviction by third person proving rights less than ownership, 117: pur- chaser must notify vendor that his title is disputed, see Litis de- nuntiatio: vendor's duty on re-
ceiving such notice, 121, 122: stipulatio duplae, 122: pactum de evictione non praestanda, 123; measure of the vendor's liability, 124 sq. question of its limitation, 125, 126: increase in the value of the property by the purchaser's outlay, 126, 127: pur- chaser entitled to withhold pur- chase money, if unpaid, when he hears of the adverse claim, 128: effect of purchaser's acquiring a new title before eviction, 129: partial eviction, where the part for which the purchaser is evicted is ideal, 129, or specific, 130: summary of cases in which the vendor is not liable, 131, 132: subsidiary remedies of a pur- chaser threatened with eviction, 133, 134.
Exceptio non adimpleti contrac- tus, 97.
Fraud, 57 sq., 189: what it in- cludes: wilful misrepresentation, 58 active concealment, 59: reckless ignorance as to truth or falsehood of statements made, 59: innocent non-disclosure, 60: ef- fects of these circumstances, 61: reciprocal fraud, 62; fraud prac- tised by third party outside the contract, 62: sometimes remedi- able by Aedilician actions, 212. Freemen, sale of, 20.
French Law, on the contract of ex- change, 4, 5: sales between hus- band and wife, 10: sales of things extra commercium, 19, and public offices, 20 of things which have ceased to exist, 22: of things which do not belong to the ven- dor, 26 agreement that the con- tract shall be put into writing, 41, 43: as to risk, 76: effect of the contract in transferring pro- perty, 137, 138: question whether payment by a third person dis- charges the purchaser, 144: ven- dor's right of rescission if the price is not paid, 148: as to lex commissoria, 169: droit de réméré, 177: vendor's right to rescind on account of inadequacy of price, 182, 183: limitation of action for rescission on account of redhibitory defects, 210: amend-
ment of the law on the subject in 1884, 215, 216.
Genus, sale of, 28.
In diem addictio, see Addictio. Inheritances, sale of, 22: its ef- fects between vendor and pur- chaser, 33-35 between the pur- chaser and third persons, 36.
Laesio enormis, or inadequacy of price, rescission for, 180 sq.: courses open to the vendor, 183: cases in which he cannot rescind, 186, 187: effect of vendor's know- ledge that he is selling at an undervalue, 187 can a sale by auction be rescinded?, 188. Lex commissoria, 169 sq.: is never presumed, 173: the condition always resolutive, 170: condi- tions of its operation, 170: does a lex commissoria imply credit given?, 170: effect of purchase money not being paid by the day fixed, 171, 172: within what time the vendor must rescind, 173. Litis denuntiatio, 117 sq. why a necessary condition of the pur- chaser's right to recover on evic- tion, 118 to whom notice must be given, 119: time of giving notice, 120 cases in which it is unnecessary, 121.
Mensura, sale by, 84. Metus: see Duress. Mistake, its effect on a contract of sale, 50 sq. relating to the na- ture of the transaction, 52: to the identity of the subject-mat- ter of the contract, 52: to its ex- istence or its legal character, 53: to its quantity, 54: to its mate- rial, qualities or properties, 55: mistake as to the price, 56: mis- take of motive, 56: mistake as to the identity of the other party, 57. Pacta arralia, 42. Pactum de retroemendo, 177.
de retrovendendo, 176. displicentiae, 80, 175. reservatae hypothecae, 154. reservati dominii, 154. Performance of the contract of sale, must be concurrent, 96: place and time of performance, 100. Periculum rei: meaning of the phrase, 77: it is with the pur-
chaser, 76, as soon as the sale is 'perfecta,' 77: when it is 'imper. fecta' because the price is not yet determined, 78, or the sale is subject to a suspensive condition, 78, or the purchaser has reserved the right of testing or examining the goods, 79: various ways in which this may be done, 80: in the mode of a suspensive condi- tion, 80 of a resolutive condition, 82 of a pactum displicentiae, 82 sale imperfect because the goods are not yet specifically ascertained, such as goods to be weighed, measured, or counted, 83, 84 meaning of these terms, 86: prevention of weighing &c. by the purchaser's fault, 87: rule as to risk in sales of things in genere and in the alternative, 88, and of res alienae, 89: in sales of the same thing to two different persons, 89: exceptions from the general rule as to risk, 90: theories as to its rationale, 90: anomalous rule in pacta displi- centiae, 176.
Poison, sale of, 21. Preemption, provision for, in favour of the vendor, 176.
Price, mistake as to, 56: it must consist in money, 66, at any rate in part, 67: must be fixed by agreement between the parties, 68 no doctrine in the civil law of a 'reasonable price,' 69: where the price is left to be fixed by an arbitrator or expert, 70: uncertain price admitting of immediate ascertainment, 71: variation of the price, 72: fixing of the price where a number of things are bought together, 72: the price must be intended as a bona fide equivalent for the thing sold, 73: fairness or adequacy of the price, 74, 75, see Laesio enormis: price must be paid before the property will pass, 144. Property in the thing sold: does not pass by the contract, but only by delivery, 110, and then only if the price is paid, or security or credit given, 144: question whether delivery implies credit, 145. Puffers at auctions, 168: puffing one's own goods, 190.
« ÀÌÀü°è¼Ó » |