 | South Australia - 1896 - 230 pages
...no implied PAHT i. condition as regards defects which such examination ought to have revealed : in. An implied warranty or condition as to quality or...particular purpose may be annexed by the usage of trade : iv. An express warranty or condition does not negative a warranty or condition implied by this Act... | |
 | 1919 - 740 pages
...an implied condition that the goods shall be of merchantable quality; provided that if the buyer has examined the goods, there shall be no implied condition...defects which such examination ought to have revealed." First, were the goods ' bought by description? In Varley v. Whipp, [1900] 1 QB 513, the headnote said:... | |
 | American Bar Association - 1906 - 474 pages
...or other trade name, there is no implied warranty as to its fitness for any particular purpose. (5.) An implied warranty or condition as to quality or...particular purpose may be annexed by the usage of trade. (6.) An express warranty or condition does not negative a warranty or condition implied under this... | |
 | American Bar Association - 1921 - 1066 pages
...or other trade name, there is no implied warranty as to its fitness for any particular purpose. (5) An implied warranty or condition as to quality or fitness for a particular purpose may he annexed hy the usage of trade. (6) An express warranty or condition does not negative a warranty... | |
 | Frank Newbolt - 1894 - 204 pages
...12 App. Ca. 284, 293 ; 56 LJQB 563 ; 57 LT 1 ; 36 "WR 20. [1887.] 6 12 App. Ca. at p. 288. buyer has examined the goods, there shall be no implied condition...defects which such examination ought to have revealed : As to "opportunity of examining," see section 15 (2) b.; description, section 13. If the opportunity... | |
 | Joshua Williams, Thomas Cyprian Williams - 1894 - 720 pages
...goods shall be of merchantable quality : provided that if the buyer lias examined the goods, tliere shall be no implied condition as regards defects which such examination ought to have revealed : («) Sec Benjnmin on Sale, 498, IV. Pt. II. Sect. III. pp. 525 et 525, 2nded.; 608, 637, 4th ed.;... | |
 | Richard Brown - 1895 - 448 pages
...an implied condition that the goods shall be of merchantable quality; provided that if the buyer has examined (° the goods, there shall be no implied...particular purpose may be annexed by the usage of trade/ m) (4.) An express warranty or condition does not negative a warranty or condition implied by this... | |
 | Joseph Chitty - 1896 - 904 pages
...implied condition that the goods shall be of merchantable quality (q) ; provided that if the buyer has examined the goods, there shall be no implied condition...defects which such examination ought to have revealed : (8) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed... | |
 | 1924 - 588 pages
...rest. This contention again is not sound. The proviso to section 14 (2) is that " If the buyer has examined the goods, there shall be no implied condition...defects which such examination ought to have revealed." Here the fact is that there was no examination of the cases not included in the seventeen cases, nor... | |
 | Frederick Hooper - 1899 - 300 pages
...implied undertaking that the goods shall be of merchantable quality ; provided that, if the buyer has examined the goods, there shall be no implied condition...defects which such examination ought to have revealed. Sate bt/ Sample. In the case of a contract for sale by sample there is an implied undertaking (1) that... | |
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An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. 6. An express warranty or condition does not negative a warranty or condition implied under this act unless inconsistent therewith. 
