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" Where the goods are bought by description from a seller who deals in goods of that description, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be of merchantable quality. "
The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890 - Side 32
av Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 220 sider
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The Acts of the General Assembly of Prince Edward Island

Prince Edward Island - 1918 - 734 sider
...judgment, an'l the goods are of a description which it is in the course of the seller's, business to supply (whether he be the manufacturer or not) there is an implied condition that the goods shall be reasonably fit for such purpose ; Provided that in the case of a contract for the Sale of a specified...
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Hearings, Reports and Prints of the Senate Committee on the Judiciary, Del 5

United States. Congress. Senate. Committee on the Judiciary - 1971 - 1204 sider
...sections 2-314 and 2-315. Under the USA, the implied warranty of merchantability arose "where goods ire bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not)." While the elements makn* up this obligation were not defined by the...
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Acts Relating to the North-West Territories Being Statutes of Canada

Northwest Territories - 1895 - 374 sider
...judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose : Provided that in the case of a contract for the Proviso. sale of...
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Consumer Safety Regulation: Putting a Price on Life and Limb

Peter Asch - 1988 - 183 sider
...(Section 14(1)). Furthermore, where items are purchased from a seller who regularly deals in those goods, "there is an implied condition that the goods shall...provided that if the buyer has examined the goods, then there shall be no implied condition as regards defects which such examination ought to have revealed"...
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The Irish Law Times and Solicitors' Journal, Volum 38

1904 - 852 sider
...judgment, and the goods are of a description wh'"h it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for such purpose, provided that in the case of the sale of a specified article under...
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Yearbook Islamic Middle Eastern

Eugene Cotran, Chibli Mallat - 1996 - 612 sider
...not), there is an implied condition that the goods shall be reasonably fit for that purpose. Secondly, where goods are bought by description from a seller...who deals in goods of that description (whether he is the manufacturer or producer or not), there is an implied condition that the goods should be of...
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The Law of Obligations: Roman Foundations of the Civilian Tradition

Reinhard Zimmermann - 1996 - 1316 sider
...specifically: "Where the goods arc bought by deseription from a seller who deals in goods of that deseription, there is an implied condition that the goods shall be of merchantable quality." There is every reason to believe that these rules were inspired by the "Pothier rule" and are thus...
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Australia Business: The Portable Encyclopedia for Doing Business with Australia

James L. Nolan - 1996 - 344 sider
...description which it is in the course of the seller's business to supply (whether he is the manulacturer or not) there is an implied condition that the goods shall be reasonably fit for such a purpose, provided that in the case of a contract for the sale of a specific...
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The Sale of Goods

Michael G. Bridge - 1998 - 722 sider
...condition. Formerly,18 in order for the merchantable quality condition to apply, the goods had to be 'bought by description from a seller who deals in goods of that description'; section 13 therefore operated as a gateway into the merchantable quality condition in section 14(2)....
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Excel HSC Business Studies

Louise Fleming - 2004 - 290 sider
...unmerchantable, which would not be apparent on reasonable examination of the sample. - Merchantable quality. Where goods are bought by description from a seller who deals in goods of that description there is an implied condition that the goods shall be of merchantable quality. This requirement must...
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