The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272 էջ |
From inside the book
Արդյունքներ 29–ի 1-ից 5-ը:
Էջ 18
... liable in damages for the non - delivery ; and observed that ' in cases of this sort , where the question is whether the one party is set free by the action of the other , the real matter for consideration is , whether the acts or ...
... liable in damages for the non - delivery ; and observed that ' in cases of this sort , where the question is whether the one party is set free by the action of the other , the real matter for consideration is , whether the acts or ...
Էջ 27
... liable in damages for non - delivery . LL . 9-11 . - These three leges may be taken together , as they all deal with certain cases of mistake ( error ) . Other passages on the same topic are LL . 14 ; 15 ; 34 pr .; 41 , 1 ; 44 ; 45 ; 57 ...
... liable in damages for non - delivery . LL . 9-11 . - These three leges may be taken together , as they all deal with certain cases of mistake ( error ) . Other passages on the same topic are LL . 14 ; 15 ; 34 pr .; 41 , 1 ; 44 ; 45 ; 57 ...
Էջ 38
... liable to be set aside as having pro- ceeded upon a common mistake . ' The English cases on recovering back money paid under a mistake of fact do not harmonise with the civil law , for negli- gence is not held to bar the right : the ...
... liable to be set aside as having pro- ceeded upon a common mistake . ' The English cases on recovering back money paid under a mistake of fact do not harmonise with the civil law , for negli- gence is not held to bar the right : the ...
Էջ 73
... liability , provided of course he cedes to the purchaser his real action and his personal action . This will explain the rule applicable to the case of one who sells what belongs to another : he is liable in damages just because these ...
... liability , provided of course he cedes to the purchaser his real action and his personal action . This will explain the rule applicable to the case of one who sells what belongs to another : he is liable in damages just because these ...
Էջ 77
... liable for the price ; the non - separation of his specific goods , it may be said , is an irrelevant fact , seeing that his portion ( whichever it might have been ) has perished with the rest . But the buyer , whose only hold upon the ...
... liable for the price ; the non - separation of his specific goods , it may be said , is an irrelevant fact , seeing that his portion ( whichever it might have been ) has perished with the rest . But the buyer , whose only hold upon the ...
Այլ խմբագրություններ - View all
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1 James Mackintosh Ամբողջությամբ դիտվող - 1892 |
Common terms and phrases
actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condictio condition contract of sale creditor 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 quis quod quoque Roman law rule Sabinum Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
Սիրված հատվածներ
Էջ 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.
Էջ 242 - ... 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...
Էջ 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.
Էջ 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...
Էջ 244 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Էջ 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...
Էջ 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.
Էջ 243 - Where any right, duty, or liability would arise under a contract of 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 usage, if the usage be such as to bind both parties to the contract 5(i.
Էջ 250 - ... where the property has passed to the buyer. Unpaid Seller's Lien 54. WHEN RIGHT OF LIEN MAY BE EXERCISED: (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit. (b) Where the goods have been sold on credit, but the term of credit has expired. (c) Where the buyer becomes...
Էջ 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.