Library of American Law and Practice: Personal property. Contracts. Bailments. Sales

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American technical society, 1919
 

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Innhold

Animals
26
Money
27
Ships and vessels
30
1821 Debts and other claims for money
31
Quasicontracts
33
Remedial obligations
34
Lien
35
Mortgage
36
Good will
37
Copyright
38
Patent
39
Persons under obligation or duty
40
Creation of Personal Property Rights 38 Occupancy
42
Accession and confusion
44
Intellectual labor
47
Contract and operation of law
48
Gifts
49
Wills
51
Bailments
52
Assignment and indorsement
53
Sales
55
CHAPTER IV
56
Remedies and actions
59
Trover etc
60
LAW OF TRADEMARKS TRADENAMES AND UNFAIR TRADE By James G Jenkins CHAPTER I
63
35 Remedies
64
Right of monopoly
65
Power of Congress over
66
Trademarks as property
67
Protection ofby injunction
68
Transfer of ownership
69
Principle and object of law
71
Originality
72
Restrictions on right
73
Limits of legal protection
75
Infringements
77
Laches
80
CHAPTER II
81
Doctrine of unfair trade
84
LAW OF CONTRACT By Henry C Jones CHAPTER I
91
Agreement results from offer and acceptance
92
Forms of offer and acceptance
95
Necessity and manner of acceptance
97
Time place and mode of acceptance
100
Implied terms in offer and acceptance
102
Acceptance makes contract irrevocable
103
Time and place of contract
105
CHAPTER II
106
Simple contracts
107
Statute of Frauds
108
CHAPTER III
113
Consideration defined
114
Mutual promises
116
Subscriptions
118
Promise to do what one is already bound to do
119
Consideration distinguished from motive and moral obligation
122
Past consideration
123
CHAPTER IV
127
Contracts of aliens
129
Who are infants
130
Contracts which infant cannot avoid
131
Ratification
134
Disaffirmance
135
Return of consideration
137
Torts connected with contracts of infants
138
Incapacity of married women to contract
139
Contract rights of married women in equity
140
Contracts of insane persons
141
Contracts of drunkards
142
CHAPTER V
143
Mistake Nature of
144
Mistake as ground for avoiding contracts
145
Misrepresentation distinguished from fraud 149
150
What amounts to a representation
151
Remedies resulting from misrepresentation
152
Nondisclosure of facts as false representation
153
Active concealment
154
Materiality of false representation
155
Statement of legal conclusions
156
Representation must be relied upon
157
Puffs as representations
159
What constitutes duress
160
Undue influences Under family relations
161
Fiduciary relations
162
CHAPTER VI
165
Particular statutes
166
Agreements in violation of common law Wagers
168
Future delivery of goods
169
To commit crime or civil wrong
170
Illegality distinguished from fraud
171
Tending to injure public service
172
Tending to pervert or obstruct legal process
174
Tending to encourage litigation
175
Affecting freedom or security of marriage
176
In restraint of trade
177
Affecting duties to the public and third persons
180
Illegality Entire promise or entire consideration illegal
181
Agreements legal in one place illegal in another
185
Agreements legal at one time illegal at another
186
116 Construction of contract
200
CHAPTER IX
203
120 Substantial performance
206
122 Performance conditional upon future act or event
207
124 Payment
208
125 Tender
210
126 Renunciation
211
127 Impossibility created by party
214
129 Impossibility of performance
219
130 Merger
221
132 Bankruptcy
223
LAW OF BAILMENTS By Andrew A Bruce CHAPTER I
225
Classification
227
5 6 Mutualbenefit bailments
229
PartiesConsideration
230
Bailments sales and chattel mortgages distinguished
233
The property rights and interests of the bailor
234
Property rights of the bailee
236
Concurrent right of action of bailor and bailee
237
Estoppel of the bailor
238
Insurable interest of bailee
240
Termination of bailments
241
The various degrees of negligence defined
245
Excuses for nondeliveryActs of God and the public enemy
246
The place and time of delivery
247
Contributory negligence
253
Compensation of bailee
254
Expenses of care and custody
255
The lien of the bailee
256
The possessory lien of the attorney
259
Actions forms of
262
CHAPTER II
265
CHAPTER III
267
Exempt property
268
The security of the pledge
269
Collection of the original debt
270
The warehouseman as a public agency
278
The liability of the innkeeper towards the goods of his guest
284
Lien
290
The Common Carrier as a Bailee
297
LAW OF SALES By Edward T Lee CHAPTER I
301
Property
302
Law governing sales
303
Sales and Other Dispositions of Personal Property
305
From gift
306
From pledge
307
From lease
308
From mortgage
309
Sales Classified 11 Executed and executory sales
310
Absolute and conditional sales
311
Conditional sales
312
Conditional sales and chattel mortgages
314
Sale on approval and sale or return
315
Illegal sales
316
CHAPTER II
321
Insane persons
323
Drunkards
324
Persons under duress and undue influence
325
Mutual mistake
327
Fraud
331
Price
335
Subjectmatter of sale Goods 3157
337
Emblements
339
Ice and water as objects of sale
340
Fixtures
341
Effect of destruction of subjectmatter
342
Statute of Frauds paok 33 Historical
344
What are goods wares and merchandise
346
Does the statute cover executory contracts
347
Tests employed in the United States
348
Different viewpoints of the English and American rules
353
Receipt and acceptance
354
Earnest money and part payment
359
Memorandum or note in writing
360
CHAPTER IV
365
Determined by intention
366
Sales C O D
368
Sales F O B
369
Things that may have to be done
373
Bill of lading
374
Indicia of ownership
375
Place where title passes
376
Title to goods not in existence
377
Sales of nonspecific goods
378
Factors acts
383
CHAPTER V
384
When delivery not required
385
Actual or constructive delivery
386
Articles previously inspected
387
Amount
388
Place of delivery
389
Power of agents to warrant
390
Express warranties
393
Implied warranties
396
Retention of goods as acceptance
403
Measure of damages of vendor
410
Buyers damages
416
of Authors at front of Volume
422
Opphavsrett

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Populære avsnitt

Side 437 - In any case not provided for in this act, the rules of law and equity, including the law merchant...
Side 420 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Side 436 - The measure of damages is the loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract.
Side 426 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of...
Side 428 - 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...
Side 435 - Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Side 422 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Side 425 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not.
Side 430 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.
Side 147 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.

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