A Treatise on the Law of Sale of Personal Property: With References to the American Decisions and to the French Code and Civil LawHenry Sweet, 1868 - 715 sivua |
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Muita painoksia - Näytä kaikki
Yleiset termit ja lausekkeet
acceptance action agent agreed agreement arrival assent assumpsit authority bailee bargain Bayley bill of exchange bill of lading Bing Blackburn bound breach broker buyer cargo carrier caveat emptor chattel common law condition precedent consignee contract of sale Court held creditor damages debt decided decision defendant defendant's delivered East effect Exchequer of Pleas executory express express warranty fact fraudulent give given horse implied warranty insolvent intended invoice judges judgment jury latter liable lien Lord Denman Lord Ellenborough memorandum ment opinion owner paid parol evidence party passed payment performance plaintiff Pleas possession principle purchaser Queen's Bench question ranty received recover refused resale right of stoppage rule sample saying sell seller sent ship Smith sold notes Statute of Frauds Taunt tender thing sold third person tion tract transfer trover vendee vendor vendor's right vessel Vict void warehouse writing
Suositut otteet
Sivu 665 - 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, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Sivu 666 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of the injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great...
Sivu 68 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Sivu 85 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Sivu 581 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief •o as to alter his own previous position, the former is concluded from averring against the latter a different state of things, as existing at the same time...
Sivu 654 - 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 communicate it to his servant or agent in time to prevent a delivery to the buyer.
Sivu 615 - India warrants ; warehouse keepers' certificates ; warrants or orders for the delivery of goods, or any other documents used in the ordinary course of business as proof of the possession or control of §§ « » °. goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented...
Sivu 166 - There is no doubt that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals...
Sivu 154 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Sivu 454 - In determining whether it was so intended, a decisive test is whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an opinion and to exercise his judgment.