Principles of the Common Law |
Common terms and phrases
46 Vict 57 Vict acceptance actually agent agreement amount apply assault bailee bailment Bank Bank of England banker bill of exchange bill of sale breach buyer carrier cheque choses in action common law consideration court creditor damages debt debtor deed defendant duty effect entitled equity estoppel execution fact fraud give given held hereon husband Ibid illegal Indermaur indorsement infant injury instrument judgment jury L. J. Ch L. J. Ex land landlord lease liable libel lien London Lord malicious matter ment necessary negligence notice nuisance ordinary owner paid partner party payable payment person plaintiff Powell's Evidence principal privilege promissory note prove railway reasonable recover regard remedy rent respect right of action rule Sect seller servant shew shewn simple contract slander Slander and Libel solicitor statute Statute of Frauds sufficient tenant tender thereof tion tort trespass unless warranty witness writing
Popular passages
Page 99 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 106 - From the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee...
Page 95 - 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 94 - Where there is a contract for the sale of specific goods in a deliverable state but the seller is bound to weigh, measure, test, or do some other act or thing with reference to the goods for the purpose of ascertaining the price, the property does not pass until such act or thing be done, and the buyer has notice that it has been done. Rule 4. — When goods are delivered to the buyer on approval or on sale or return...
Page 314 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Page 94 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Page 180 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 106 - If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf, and continues in possession of them as bailee for the buyer or his agent, the transit is at an end (x), and it is immaterial that a further destination for the goods may have been indicated by the buyer.
Page 166 - Any absolute assignment, by writing under the hand of the assignor (not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 112 - ... 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...