 | 1920 - 584 sider
...shows that this was never done. The Sale of Goods Act, RSS, 1909, ch. 147, provides (sec. 13 [a]): Whether a stipulation in a contract of sale is a condition...repudiated depends in each case on the construction of the contract SASKATCHEWAN LAW REPORTS [voi. APPEAL 1919 WlLKIK V. FLEMING Newlands JA pass, the machine... | |
 | Northwest Territories - 1895 - 374 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. (2) A thing is deemed to be done " in yood faith " within the meaning of this Ordinance when it is... | |
 | Christian Bouscaren, Rosalind Greenstein, Alexandre Cordahi - 1993 - 542 sider
...A condition of a contract is a term that is so essential to the contract that if it is broken 'this may give rise to a right to treat the contract as repudiated'. A warranty is 'collateral to the main purpose' of the contract so that if it is broken the contract... | |
 | Susanne Wesch - 1994 - 368 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...the goods and treat the contract as repudiated.« Hiernach muß es sich um eine den Kaufgegenstand betreffende Zusicherung handeln, die Vertragsbestandteil... | |
 | Michael G. Bridge - 1998 - 722 sider
...construction be predicted in all cases at the outset of the contract. The starting point is section 11(3): Whether a stipulation in a contract of sale is a condition,...repudiated, depends in each case on the construction of the contract; and a stipulation may be a condition, though called a warranty in the contract. Section 11(3)... | |
 | Wolfgang Kircher - 1998 - 332 sider
...entschied der Court of Appeal, daß die Ware durch die erste Lieferung nicht unwiderruflich konkreti61 1 „Condition, the breach of which may give rise to a right to treat the contract as repudiated". 612 Siehe etwa AHDAR, (1990) LMCLQ 364, 365; APPS, (1994) LMCLQ 525; GOODE, Commercial Law, S. 362... | |
 | Carr - 2000 - 811 sider
...condition as a breach of warranty and not as a ground for treating the contract as repudiated. (3) Whether a stipulation in a contract of sale is a condition,...which may give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated, depends in each case on the construction... | |
 | Jennifer Corrin-Care - 2001 - 383 sider
...of 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. 56 Cap 230. 57 1975. See, also, Sale of Goods Act 1986, 23 MIRC Cap 1 (Marshall Islands), s 13(2).... | |
 | Aleka Mandaraka-Sheppard - 2011 - 1108 sider
...61(1), the Act defines a warranty as a term the breach of which gives rise to a claim for damages, and not to a right to reject the goods and treat the contract as repudiated. Whether a stipulation in a contract of sale is a condition or a warranty, depends in each case on the... | |
 | John MacLeod - 2002 - 1101 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. Leaving aside for the moment the meaning of collateral (see post, para 11.06), it will be observed... | |
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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... 
