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The Roman Law of Sale: With Modern Illustrations; Digest Xviii, 1 and Xix, 1
Justinian I (Emperor of the East)
Affichage du livre entier - 1892
actio empti action on purchase actionem actum agreement autem bound breach buyer causa claim clause condictio condition contract of sale damages debet delivered delivery dolo edictum eius emptionem emptor emptorem English law enim esset etiam eviction ex empto ex uendito fraud fundi fundum give ground habere held idem ideo implied Inst iugera Justinian Labeo lands liable Macp mihi neque nihil nulla obligation opinion owner Papinian parties Paulus libro payment peculium person Pomponius libro posse possession potest Pothier praestare pretio pretium quae quaero quam quamuis quia quid quidem quis quod quoque Roman law rule Sabinum Scots law sell seller servitude siue slave stipulatio stipulation sunt supra tamen teneri thing sold Titius tunc ueluti uendiderit uendidit uenditio uenditor uenditorem uero uidetur Ulpian Ulpianus libro usufruct vendee vendor void warranty
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...