Benjamin's Treatise on the Law of Sale of Personal Property: With References to the American Decisions, Volume 2F.D. Linn & Company, 1884 - 1314 halaman |
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Istilah dan frasa umum
accept action agent agreed agreement Allen authority bailee Bank bill of lading Bing Blackburn bought bound breach of warranty buyer cargo carrier caveat emptor chattel cited claim coal common law condition precedent consignee contract of sale court held creditor damages debt debtor decision default defendant delivered delivery order documents of title effect endorsed entitled Exchequer of Pleas express express warranty given horse House of Lords illegal implied warranty insolvent intended Iowa iron Jones judgment jury liable lien Lord Lord Ellenborough Mass ment merchantable notice Ohio St opinion owner paid party payment Penna performance plaintiff possession principle purchaser question Railway ranty receipt receive recover refused resale rescind right of stoppage rule sample sell seller ship Smith sold statute stoppage in transitu tender third person tion tons tract transfer trover vendee vendor's right vessel Vict void warehouse
Bagian yang populer
Halaman 1122 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may 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.
Halaman 1062 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor...
Halaman 1141 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Halaman 1006 - Where one by his words or conduct willfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Halaman 715 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Halaman 1042 - ... 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.
Halaman 713 - Before the rule can be applied in any case of a statute prohibiting or enjoining things to be done, with a prohibition and a penalty, or a penalty only for doing a thing which it forbids...
Halaman 1141 - ... the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager, and is null and void.
Halaman 784 - I mention that because it is important to express my view that, in cases of this sort, where the question is whether the one party is set free by the action of the other, the real matter for consideration is whether the acts or conduct of the one do or do not amount to an intimation of an intention to abandon and altogether to refuse performance of the contract.
Halaman 1141 - The broad, general rule in such cases is, that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained; and this rule is subject to but two conditions. The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation; and they must be certain, both in their nature and in respect to the cause from...