 | South Australia - 1896 - 230 էջ
...conditions. Ib., sec. 55. PART VI. SUPPLEMENTARY. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be...usage be such as to bind both parties to the contract. Seasonable time a question of fact. Ib., sec. 56. Rights, &c., enforceable by action. Ib., sec. 57.... | |
 | United States. Court of Claims - 1948 - 974 էջ
...the Act providing that "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...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," and to that portion... | |
 | American Bar Association - 1906 - 474 էջ
...Implied Obligations. ,] 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...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. This follows section... | |
 | Institute of Bankers (Great Britain) - 1891 - 840 էջ
...Implied condition nr warranty may lie expressly excluded. Where a condition or warranty arises in a contract of sale by implication of law. it may be negatived or varied by express agreement. 12. Stipulation* an to time of payment — (1.) Unless a different intention appears from the terms... | |
 | 1888 - 432 էջ
...Implied condition or warranty may be expressly excluded.— Where a condition or warranty arises in a contract of sale by implication of law, it may be negatived or varied by express agreement. 16. Bale by description. — Where there is a contract for the sale of goods by description, the goods... | |
 | 1889 - 202 էջ
...Implied duties, &c., may be expretsly excluded. — Where any right, duty, or obligation arises, under a contract of sale, by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 64. Bights and duties under Act... | |
 | Frank Newbolt - 1894 - 204 էջ
...PART VI. SUPPLEMENTARY. 55. — Where any right, duty, or liability would Exclusion of arise under a contract of sale by implication of law, it may be...usage be such as to bind both parties to the contract. 56. — Where by this Act any reference is made Reasonable time a question of fact to a reasonable... | |
 | Walter Charles Alan Ker - 1894 - 436 էջ
...Exclusion of « i . i . -PI implied terms arise under a contract of sale by implication of law, and it may be negatived or varied by express agreement...usage be such as to bind both parties to the contract. SALE OF GOODS ACT, 1893. S.55. Express agreement. Course of dealing. Usage. The effect of this section... | |
 | Richard Brown - 1895 - 448 էջ
...varied by express agreement (i0 or by the course of dealing between the parties, (c) or by usage,( d) if the usage be such as to bind both parties to the contract. NOTES. (a) "Implication of law." Eg implied conditions and warranties (Sects. 12-15); the effect of... | |
 | Joseph Chitty - 1896 - 906 էջ
...failed. Supplementary. 66. Where any right, duty, or liability would arise under a con- Exclusion tract of sale by implication of law, it may be negatived or varied tf^f]^ by express agreement or by the course of dealing between the conditions, parties, or by usage... | |
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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... 
