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
... parties to their original position , and that no third parties have in good faith and for value acquired rights under the contract ; or , instead of rescinding , or where the right to rescind is lost in one of the above ways , he may ...
... parties to their original position , and that no third parties have in good faith and for value acquired rights under the contract ; or , instead of rescinding , or where the right to rescind is lost in one of the above ways , he may ...
Side
... parties in good faith would not be defeated by its rescission ; if reduction is barred , or in any case if he prefers the alternative remedy , he has his action to recover the damage he has sustained by reason of the fraud . There is ...
... parties in good faith would not be defeated by its rescission ; if reduction is barred , or in any case if he prefers the alternative remedy , he has his action to recover the damage he has sustained by reason of the fraud . There is ...
Side 1
... parties when the contract is made are in some other place , then that place is the place of delivery . ' Add to § 34 a new sub - section ( 3 ) : ' Unless otherwise agreed , where goods are sent by the seller to the buyer by sea , under ...
... parties when the contract is made are in some other place , then that place is the place of delivery . ' Add to § 34 a new sub - section ( 3 ) : ' Unless otherwise agreed , where goods are sent by the seller to the buyer by sea , under ...
Side 6
... parties has delivered goods and the other omits to send goods in return , is to bring an action for breach of the agreement , not for goods sold ; a contract of barter cannot be changed into a contract to pay in money , unless the parties ...
... parties has delivered goods and the other omits to send goods in return , is to bring an action for breach of the agreement , not for goods sold ; a contract of barter cannot be changed into a contract to pay in money , unless the parties ...
Side 7
... parties was an indispensable requisite . The distinctive point about contract of sale is , that it depends on simple consent , which of itself creates mutual rights and duties such as delivery and payment . This effect is here ascribed ...
... parties was an indispensable requisite . The distinctive point about contract of sale is , that it depends on simple consent , which of itself creates mutual rights and duties such as delivery and payment . This effect is here ascribed ...
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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.