fecta' (77). Grounds on which it may be 'imperfecta': (i)

Agreement not yet completely binding, because the price is not

fixed, or there is a suspensive condition (78), or the purchaser

has reserved the right of examining the goods (79): various

cases of this (80): a suspensive condition (80): a resolutive con-

dition proper (82): a pactum displicentiae (82). (ii) The goods not

yet specifically determined (83): meaning of 'weighing, count-

ing, or measuring' the goods (86): vendor's negligence in such

cases (87). Rules as to the risk when the vendor has the right

of selection, in sales in the alternative (88), and in sales of res

alienae (89). Vendor's obligation to assign rights of action

where the goods are at the purchaser's risk (89). Exceptions

to the rule as to risk, and theories as to its rationale (90).

Meaning of 'commodum rei': the purchaser is entitled to

fruits and accessions from the moment the contract is con-

cluded (92).

PAGE

CHAPTER IX.

THE EFFECTS OF THE CONTRACT. (b) The VendoR'S DUTIES 96-141

Performance by each party is a concurrent condition of per-

formance by the other (96). Duty of the vendor to deliver (98).

What constitutes delivery (99). Time and place of performance

by the vendor (100). The possession delivered must be ‘vacua’

(101). Vendor under no obligation to give a title as owner (102):

strictness of this rule, and theories as to its rationale (103).

Effect of discovery that land is subject to servitudes or charges

undisclosed by the vendor (105). Vendor's obligation to take

due care of the goods pending delivery (106). Delay in delivery

(109). No property passes by the contract (110). Vendor's im-

plied covenant of quiet enjoyment (110). History of the ob-

ligation to compensate the purchaser on eviction (111). Meaning

of eviction' (112). Modes in which it may take place (113).

The flaw in the purchaser's title must have existed when the

contract was made (115). Eviction must not be attributable to

the purchaser's own fault (116). Eviction by a third person

proving rights less than ownership (117). The purchaser must

notify the vendor that the title is called in question (117): ex-

ceptions to this rule (120). Variation by contract of the vendor's

liability for eviction: stipulatio duplae (122): pactum de evic-

tione non praestanda (123). Measure of the vendor's liability

(124). Purchaser's right to retain the purchase money when

the title is disputed (128). Partial eviction (129). Summary

of cases in which there is no right to compensation on eviction

(131). Subsidiary remedies of the purchaser (133). Note A :

Scotch, English, and French law as to the effect of the contract

in passing the property (135). Note B: Scotch and English law

as to implied warranty of title on a sale of goods (139).

CHAPTER X.

THE EFFECTS OF THE CONTRACT. (c) THE PURCHASER'S

PAGE

142-155

Payment of the purchase-money: the purchaser must make it

the property of the vendor (142). By whom and to whom pay-

ment may be made (143). Passing of property in the goods,

even when delivered, usually conditional on payment (144).

Interest due on unpaid purchase-money (146). Purchaser's

duty to accept delivery, and to reimburse the vendor his

charges (147). Consequences of the purchaser's mora (148).

The Civil Law on the subject of vendor's lien (149) and stop-

page in transitu (151).

Conditions in general distinguished into suspensive and resolu

tive (156). Conditions distinguished from terms in the contract

(157). Conditions affirmative and negative (159). Conditions

attached for the benefit of the vendor: (i) Addictio in diem:

what is a better offer'? (160). Effects of addictio when the

condition is suspensive (163) and resolutive (164). When is

the condition satisfied? (165). Sales by auction (167). (ii) Lex

commissoria (169): the condition here always resolutive: when

it is satisfied (170). Effect of a sale subject to a lex commissoria

(171). Conditions attached for the benefit of the purchaser

(173): (i) Emptio ad gustum (174): (ii) pactum displicentiae

(175). Common terms in sales: reservation by vendor of right

of preemption (176): pactum de retrovendendo (176) and de

retroemendo (177).

CHAPTER XII.

MODES OF DISCHARGE

178-220

Contraria voluntas, or mutual waiver before performance by

either party (179). Partial discharge by subsequent variation

of terms (180). Rescission by the vendor for inadequacy of

price (laesio enormis, 180): difficulties of the texts on the subject

(182). When the price is deemed to be inadequate (183). The

courses open to the vendor (183). Effects of successful action

for rescission (184). Cases in which the vendor may not rescind

(186) other doubtful cases (187). The purchaser's right of

rescission on account of undisclosed defects (188). Historical

sketch of the vendor's liability for non-disclosure: the old Civil

Law (189): the practice of exacting a covenant as to quality (192) : `

:

་

:

the Edilician Edict (192). Extension of its rules to all sales

by juristic construction (194). What defects render the contract

liable to rescission? (195). Distinction between slaves (196) and

animals (197). The defect must exist at the date of the con-

tract, and be unknown to the purchaser (197). Purchase by

agents with knowledge (198). Defect in accessions: in one of

several things purchased together (199) in part of an uni-

versitas (200). Vendor's duty to disclose defects of these kinds

(200). The purchaser's remedies: (1) by exceptio, (2) by actio

redhibitoria (201). Effects of this action: what must be done

by the purchaser (202) and by the vendor (203). Covenants

sometimes demandable by either party (206). Points in which

the parties are differently treated under the actio redhibitoria

(207). The period of limitation (209). (3) By actio quanti

minoris or aestimatoria (210): its period of limitation and

effects (211). Reaction of these Ædilician remedies on those of

the Civil Law (212). Cases in which they are inapplicable (214).

Note A: Implied warranty of quality in Scotch and English

law (216).

DIG. XVIII. 1.

DE CONTRAHENDA EMPTIONE

PAGE

221

LIST OF PRINCIPAL WORKS

REFERRED TO

ARNDTS, Lehrbuch der Pandekten, 9th ed. 1877.

BECHMANN, Der Kauf nach gemeinem Recht, 1876.

BELL'S Principles of the Law of Scotland, 9th ed. 1889.
BENJAMIN, On Sale, 4th ed. 1888.

CHALMERS, Sale of Goods, 1890.

DEMANTE, Cours analytique de Code Civi, vol. vii.

GLÜCK, Ausführliche Erläuterung der Pandekten, 1867.

IHERING, Geist des römischen Rechts, 4th ed. 1878.

MOMMSEN, Beiträge zum Obligationenrecht, 1853.

MUIRHEAD, Historical Introduction to the Private Law of Rome, 1886.

POTHIER, Traité du Contrat de Vente, 1772.

SAVIGNY, Obligationenrecht, 1851.

System des heutigen römischen Rechts, 1840.

TREITSCHKE, Der Kaufcontract in besonderer Beziehung auf den Waarenhandel, 2nd ed. 1866.

VANGEROW, Lehrbuch der Pandekten, 7th ed. 1876.

VERING, Geschichte und Pandekten des römischen und heutigen gemeinen Privatrechts, 5th ed. 1887.

WÄCHTER, Pandekten, 1880.

WINDSCHEID, Lehrbuch des Pandektenrechts, 4th ed. 1875.