Commercial Law in British India Including the Rules of International Law, the Law as to Interpretation of Commercial Contracts, Trade Usages, and the Sale of Goods |
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Common terms and phrases
accept action agent agreement amount apply ascertained assent attornment bailee Bank Benj Benjamin bill of lading Bing Blackburn Bombay breach Buldeo buyer cargo carrier citing claim clause Common Law condition precedent construed Contract Act Court custom damages deliver delivery order depends documents of title effect election England English law entitled estoppel evidence express fact fraud give given held implied India insolvent instalments intention Jute L. J. Ch L. J. Ex Law Merchant lex fori lex loci lex loci contractus liable lien meaning ment mercantile Negotiable Instruments notice paid party payment performance person plaintiff pledge possession principle Privy Council promise promisor proper law property passes purchaser question reasonable recover refusal reject repudiation resale right to stop Rotax rule seems sell seller ship Smith sold specific sub-buyer tender tion tract trade usage transfer transit unless vendor voidable waiver Wallis warranty words
Popular passages
Page 656 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 163 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made...
Page 298 - Seller. (1) Subject to the provisions of this act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has-- (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) In case of the insolvency of the buyer...
Page 329 - in good faith" within the meaning of this act when it is in fact done honestly, whether it be done negligently or not. (3) A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. (4) Goods are in a "deliverable state...
Page 369 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 163 - Where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee or custodier (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract.
Page 196 - Where there is a contract for the sale of specific goods or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer, or to a carrier or other bailee or custodier for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed...
Page 218 - Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
Page 258 - ... (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.
Page 440 - India warrants, warehouse-keepers' certificates, warrants or orders for the delivery of goods, or any other document* used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by indorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented.