 | South Australia - 1896 - 230 sider
...a breach of warranty, and not as a ground for treating the contract as lb.,«eo. n. repudiated. (2) Whether a stipulation in a contract of sale is a condition...treat the contract as repudiated, or a warranty the broach of which may give rise to a claim for damages, but not to a right to reject the goods and treat... | |
 | Institute of Bankers (Great Britain) - 1891 - 840 sider
...a contract of sale, but, collateral to the main purpose of such contract [the breach of which gives rise to a claim for damages, but not to a right to repudiate the contract]. (2.) A thing is deemed to be done in "good faith " within the meaning of this... | |
 | 1892 - 312 sider
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. - (2.) Whether a stipulation in a contract of sale is a condition,...rise to a claim for damages, but not to a right to treat the contract as repudiated, depends in each case on the construction of the contract. (3.) Where... | |
 | James Mackintosh - 1892 - 312 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to treat the contract as repudiated. (2.) A thing is deemed to be done in 'good faith' within the meaning... | |
 | Sir Duncan Mackenzie Kerly - 1894 - 808 sider
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. " (b.) Whether a stipulation in a contract of sale is a condition...repudiated, or a warranty, the breach of which may The Scotch rule. " give rise to a claim for damages, but not to a right to reject the goods and treat... | |
 | Frank Newbolt - 1894 - 204 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated. As regards Scotland a breach of warranty shall be deemed to be a failure to perform a material part... | |
 | Walter Charles Alan Ker - 1894 - 436 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated." As to the distinction between a condition and a warranty, and the right of the buyer to reject the... | |
 | Richard Brown - 1895 - 448 sider
...treating the contract as repudiated. (b.) Whether a stipulation in a contract of sale is a condition,0 0 the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, w the breach of which may give rise to a claim for damages but not to a right to reject the goods and... | |
 | Sir William Reynell Anson - 1895 - 536 sider
...independent subsidiary promise, .collateral to the main object of the contract the breach of which gives rise to a claim for damages, but not to a right to reject the goods.' Chanter v. Hopkins, 4 M. & W. 404. (5) In relation to the sale of goods, warranty is used for an express... | |
 | Joseph Chitty - 1896 - 906 sider
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated : As regards Scotland, a breach of warranty shall be deemed to be a failure to perform a material part... | |
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Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages, but not to a right to reject the goods... 
