The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272 halaman |
Dari dalam buku
Hasil 1-5 dari 53
Halaman 23
... action on purchase can be brought against the vendor . 1. A purchase on such terms as ' for what you gave for him , ' for the money I have in my coffer , ' is good ; for the price is not uncertain , where the terms are so plain : the ...
... action on purchase can be brought against the vendor . 1. A purchase on such terms as ' for what you gave for him , ' for the money I have in my coffer , ' is good ; for the price is not uncertain , where the terms are so plain : the ...
Halaman 25
... sale is regarded as completed at the time when the bargain was made ; but if the seller tries to prevent the subject coming into existence , the action on purchase is competent . must be paid in any event , whether much , or little , or ...
... sale is regarded as completed at the time when the bargain was made ; but if the seller tries to prevent the subject coming into existence , the action on purchase is competent . must be paid in any event , whether much , or little , or ...
Halaman 35
... action on purchase is maintainable against you . 14 . ULPIAN . But what if both parties were mistaken about the nature and quality of the thing ; for example , if I thought I was selling and you thought you were buying gold , when it ...
... action on purchase is maintainable against you . 14 . ULPIAN . But what if both parties were mistaken about the nature and quality of the thing ; for example , if I thought I was selling and you thought you were buying gold , when it ...
Halaman 39
... purchase it , whether he knows it is his or not : but if he bought it by ... action on contract ; it had to be put in the form of a denial of the ground ... purchase of possession for purchase of property in such a case ( L. 34 , 4 ) . A ...
... purchase it , whether he knows it is his or not : but if he bought it by ... action on contract ; it had to be put in the form of a denial of the ground ... purchase of possession for purchase of property in such a case ( L. 34 , 4 ) . A ...
Halaman 42
... purchase - money has been ascribed to this source ( per Lord Eldon , Mackreth v . Symmons , 15 Ves . 344 ) . ] It ... action ( vindicatio ) against the buyer or other person into whose hands the subject had passed . Delivery following ...
... purchase - money has been ascribed to this source ( per Lord Eldon , Mackreth v . Symmons , 15 Ves . 344 ) . ] It ... action ( vindicatio ) against the buyer or other person into whose hands the subject had passed . Delivery following ...
Edisi yang lain - Lihat semua
Istilah dan frasa umum
actio empti action on purchase actionem actum agreement autem bona fide bound breach buyer causa claim clause condictio condition contract of sale creditor damages debet delivered delivery dolo edictum eius emptionem emptor emptorem enim eo nomine esset etiam eviction ex empto ex uendito fraud fundi fundum ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil obligation opinion owner Papinian parties PAULUS libro payment peculium person POMPONIUS libro posse possession potest Pothier praestare pretio pretium quae quaesitum est quam quamuis quia quid quidem quis quod quoque Roman law rule Sabinum Scots law sell seller seruus servitude siue slave stipulatio stipulation sunt supra tamen teneri Titius tradita tunc ueluti uendidit uenditio uenditor uenditorem uero ULPIAN ULPIANUS libro usufruct vendee vendor void warranty
Bagian yang populer
Halaman 242 - There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.
Halaman 242 - ... be actually made, procured or provided or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Halaman 254 - 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.
Halaman 246 - Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not...
Halaman 244 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description ; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Halaman 255 - A right to bid may be reserved expressly by or on behalf of the seller. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ...
Halaman 249 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Halaman 243 - 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 to the contract 5(i.
Halaman 250 - ... where the property has passed to the buyer. Unpaid Seller's Lien 54. WHEN RIGHT OF LIEN MAY BE EXERCISED: (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely: (a) Where the goods have been sold without any stipulation as to credit. (b) Where the goods have been sold on credit, but the term of credit has expired. (c) Where the buyer becomes...
Halaman 243 - ... avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.