The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890 |
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Common terms and phrases
acceptance action agreed agreement to sell apply attornment bailee Bank bill of exchange bill of lading Bing Blackburn on Sale breach of warranty buyer c.i.f. contract carrier chattel Civil Law common law condition precedent consignee contract of sale Contrat de Vente Court Court of Session damages defined by sect delivered delivery order documents of title duty English law Exch express Factors Act Factors Scotland French Civil Code Heilbutt horse insolvent intended L. J. Ex Laws of England liable Lord Esher Lord Herschell market overt mercantile agent note to sect owner Parchim parties pass payment person pledge possession Pothier primâ facie provisions purchaser Railway repealed right of lien right of stoppage rule sample Scotland seller's lien ship Smith sold specific Statute of Frauds stipulation stoppage in transitu Sub-sect tender term transfer unless unpaid seller usage vendee vendor Vict
Popular passages
Page 42 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 36 - Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract.
Page 105 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.
Page 163 - Every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, 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 (6).
Page 54 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is Immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 83 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...
Page 85 - Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case.
Page 43 - ... there is an implied warranty that the goods shall be reasonably fit for such purpose. 2. 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.
Page 121 - 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.
Page 72 - ... the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer...