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INDEX

Acceptance of goods under the
English Statute of Frauds, may
be constructive, 138.
Actio quanti minoris, 194, 210-

212.

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-

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spei, 30, 32.

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,'

6

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.

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