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 appropriation ascertained assent attornment bailee Bank Benj Benjamin bill of lading Bing Blackburn Bombay breach Buldeo buyer cargo carrier cited 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 contractus liable lien meaning ment mercantile negotiable instrument notice owner paid particular party payment performance plaintiff pledge possession primâ facie principle Privy Council promise promisor property has passed property passes purchaser question reasonable recover refusal reject repudiation resale right to stop rule seems sell seller ship Smith sold specific stipulation sub-buyer tender tion tract trade usage transfer transit unless vendor voidable waiver warranty words
Popular passages
Page 665 - such as might 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 " was held to be recoverable, but probably no distinction was intended to be made. 2 The illustrations
Page 598 - to quality or fitness for a particular purpose may be annexed by the usage of trade. The Indian section refers to goodness or quality, but all trade usages are preserved by the Act; 6 any warranty may accordingly be annexed by usage. As regards the sale of provisions the Code has
Page 425 - of this section. Section 21 enacts that subject to the provisions of this Act, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires
Page 176 - 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 601 - and in such a contract there is an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, and that the goods shall be free from any defect rendering them unmerchantable, which would not be apparent on reasonable examination of the sample. 2 What The exhibition of a sample is generally considered
Page 395 - notice may be given, either to the person who has the immediate possession of the goods, or to the principal whose servant has possession. In the latter case, the notice must be given at such a time, and under such circumstances, that the principal, by the exercise of reasonable diligence, may
Page 316 - seller of goods loses his lien or right of retention thereon (a) when he delivers goods to a carrier or other bailee or custoder for the purpose of transmission to the buyer 2 without reserving his right of disposal of the goods 3 ; (b) when the buyer or his agent lawfully obtains possession of the goods
Page 356 - chartered by him. If the delivery is to a vessel chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as an agent for the buyer. 3 The question
Page 628 - The English Act provides in section 34 that where goods § 618. are delivered to the buyer which he has not previously inspection examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract. 'This was the Common Law.
Page 238 - it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract." The question as to what the seller is bound to tender is considered later.