A Treatise on the Law of Warranties and Representations Upon the Sale of Personal Chattels

"Law Times" Office, 1874 - 198 sivua

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Sivu 168 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally...
Sivu 133 - The general rule is, that the master is answerable for every such wrong of the servant, or agent, as is committed in the course of the service, and for the master't benefit, though no express command or privity of the master be proved.
Sivu 124 - If a man having no knowledge whatever on the subject takes upon himself to represent a certain state of facts to exist, he does. so at his peril, and if it be done either with a view to secure some benefit to himself, or to deceive a third person, he is in law guilty of a fraud, for he takes upon himself to warrant his own belief of the truth of that which he so asserts.
Sivu 57 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces, or in which he deals, to be applied to a particular purpose, so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Sivu 73 - It appears to us that, in every contract to supply goods of a specified description which the buyer has no opportunity to inspect, the goods must not only in fact answer the specific description, but must also be saleable or merchantable under that description. In the words of Lord Ellenborough in Gardiner v. Gray, 4 Camp, at p. 145, "Without any particular warranty this is an implied term in every such contract.
Sivu 98 - The rule as to unsoundness is, that if at the time of the sale the horse has any disease, which either actually does diminish the natural usefulness of the animal, so as to make him less capable of work of any description; or which, in its ordinary progress, will diminish the natural usefulness of the animal; or if the horse has, either from disease or accident, undergone any alteration of structure, that either actually does at the time, or in its ordinary effects will, diminish the natural usefulness...
Sivu 134 - In all these cases it may be said, as it was said here, that the master has not authorized the act. It is true, he has not authorized the particular act, but he has put the agent in his place to do that class of acts...
Sivu 151 - ... the vendee of a specific chattel, delivered with a warranty, may not have a right to return it, the same reason does not apply to cases of executory contracts, where an article, for instance, is ordered from a manufacturer, who contracts that it shall be of a certain quality, or fit for a certain purpose, and the article sent as such is never completely accepted by the party ordering it. In this, and similar cases, the latter may return it as soon as he discover the defect, provided he has done...
Sivu 7 - If a man sells a horse generally, he warrants no more than that it is a horse; the buyer puts no question, and perhaps gets the animal the cheaper. But if he asks for a carriage horse, or a horse to carry a female, or a timid and infirm rider, he who knows the qualities of the animal, and sells, undertakes, on every principle of honesty, that it is fit for the purpose indicated. The...
Sivu 120 - Fraud without damage, or damage without fraud, gives no cause of action; but where these two concur, an action lies.

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