The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1T. & T. Clark, 1892 - 272 halaman |
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Halaman 13
... vendor bore all risks ; others hold that the sale could not be cancelled if the thing had ceased to exist , i.e. that the risk of total destruction lay upon the vendee according to the maxim res perit domino , whereas the risk of ...
... vendor bore all risks ; others hold that the sale could not be cancelled if the thing had ceased to exist , i.e. that the risk of total destruction lay upon the vendee according to the maxim res perit domino , whereas the risk of ...
Halaman 14
... vendor held not entitled to recover the price . 6 In the Scotch case , Graham v . Pollock ( 1763 ) M. 14198 , effect was given to a pactum displicentiae . Brown v . Marr ( 1880 ) 7 R. 427 , and Macdonald ( 1888 ) 15 R. 998 , may be ...
... vendor held not entitled to recover the price . 6 In the Scotch case , Graham v . Pollock ( 1763 ) M. 14198 , effect was given to a pactum displicentiae . Brown v . Marr ( 1880 ) 7 R. 427 , and Macdonald ( 1888 ) 15 R. 998 , may be ...
Halaman 19
... vendor any loss he may subsequently sustain by reselling for a less price , it is settled that , if the price be not paid by the term appointed , the vendor can bring an action on the sale . The statement that an action on sale will lie ...
... vendor any loss he may subsequently sustain by reselling for a less price , it is settled that , if the price be not paid by the term appointed , the vendor can bring an action on the sale . The statement that an action on sale will lie ...
Halaman 20
... vendor and vendee , but of no avail against third persons , e.g. the creditors of the vendee or bona fide purchasers from him ; but if the con- dition as to payment be so conceived as to be truly suspensive of the sale , the property ...
... vendor and vendee , but of no avail against third persons , e.g. the creditors of the vendee or bona fide purchasers from him ; but if the con- dition as to payment be so conceived as to be truly suspensive of the sale , the property ...
Halaman 21
... vendor should not continue under obligation to the vendee in the event of the money not being punctually paid , and not that both sides should be released from every obligation incident to a sale . 2. A term made at the inception of the ...
... vendor should not continue under obligation to the vendee in the event of the money not being punctually paid , and not that both sides should be released from every obligation incident to a sale . 2. A term made at the inception of the ...
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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.