The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1James Mackintosh T. & T. Clark, 1892 - 272 sider |
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Side 1
... delivery is the seller's place of business , if he have one , and if not , his residence Provided that , if the contract be for the sale of specific goods , which to the knowledge of the parties when the contract is made are in some ...
... delivery is the seller's place of business , if he have one , and if not , his residence Provided that , if the contract be for the sale of specific goods , which to the knowledge of the parties when the contract is made are in some ...
Side 5
... Delivery passed the property in things exchanged , but not in things sold , unless the price was paid or secured or credit given . ( 4 ) A sale might be rescinded on the ground of laesio enormis , an exchange could not . ( 5 ) The legal ...
... Delivery passed the property in things exchanged , but not in things sold , unless the price was paid or secured or credit given . ( 4 ) A sale might be rescinded on the ground of laesio enormis , an exchange could not . ( 5 ) The legal ...
Side 7
... delivery and payment . This effect is here ascribed to the Jus Gentium , a phrase vaguely denoting that body of institutions and rules which was originally adopted or worked out by the praetor peregrinus to regulate the dealings of ...
... delivery and payment . This effect is here ascribed to the Jus Gentium , a phrase vaguely denoting that body of institutions and rules which was originally adopted or worked out by the praetor peregrinus to regulate the dealings of ...
Side 13
... delivery to the vendee , who can divest himself of it by giving timeous notice of dissatisfaction . Suppose the thing has been injured or totally destroyed without the fault of the vendee , is he still entitled to disapprove and have ...
... delivery to the vendee , who can divest himself of it by giving timeous notice of dissatisfaction . Suppose the thing has been injured or totally destroyed without the fault of the vendee , is he still entitled to disapprove and have ...
Side 17
... delivered and paid for by instalments . It is not settled whether default in making delivery of the first or any subsequent instalment goes to the root of the consideration and justifies the buyer in can- celling the contract , apart ...
... delivered and paid for by instalments . It is not settled whether default in making delivery of the first or any subsequent instalment goes to the root of the consideration and justifies the buyer in can- celling the contract , apart ...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Uten tilgangsbegrensning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 Uten tilgangsbegrensning - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Uten tilgangsbegrensning - 1892 |
Vanlige uttrykk og setninger
actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condition contract of sale damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quod quoque Roman law rule Sabinum Scotland Scots law sell seller seruum servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendiderit uendidit uenditio uenditor uenditorem uero uidetur ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
Populære avsnitt
Side 242 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Side 252 - 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 prevent a delivery to the buyer.
Side 254 - Action for damages for non-acceptance of the goods. (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Side 244 - Where the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required so as to show that the buyer relies on the seller's skill or judgment...
Side 246 - 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 255 - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
Side 249 - 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.
Side 243 - 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.
Side 243 - ... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.
Side 54 - First, in order to sustain an action of deceit there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.