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accept and pay affixed or suspended agreement to sell apply to Scotland behalf bill of lading breach of contract breach of warranty Buyer—When carrier caveat emptor common law consent contract as repudiated contract of sale contracted to sell deemed disposition documents of title English law exercise his right express or implied Factors Act fraud implied condition implied warranty liable maintain an action market overt measure of damages ment MIDDLE TEMPLE neglects or refuses owner pass payment person having control pledge possession provisions purchaser reasonable reject right of lien Right of re-Sale right of retention right of stoppage sale by auction sale of specific sample seller delivers seller is bound separate estate statute Statute of Frauds stipulation stoppage in transitu take delivery tender thing sold tion tract trade transfer treat the contract unless otherwise agreed unpaid seller unpaid seller's right usage writ writ of execution
Страница 52 - 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...
Страница 41 - When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.
Страница 17 - In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.
Страница 54 - Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.
Страница 58 - Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.
Страница 37 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Страница 45 - Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.
Страница 35 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...