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" Whether a stipulation in a contract of sale is a condition the breach of which may give rise to a right to treat the contract as repudiated or a warranty the breach of which may give rise to a claim for damages, but not to a right to reject the goods... "
The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890 - 26. lappuse
autors: Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 220 lapas
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 lapas
...a breach of warranty, and not as a ground for treating the contract as lb.,«eo. n. repudiated. (2) Whether a stipulation in a contract of sale is a condition...treat the contract as repudiated, or a warranty the broach of which may give rise to a claim for damages, but not to a right to reject the goods and treat...
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Journal of the Institute of Bankers, 12. sējums

Institute of Bankers (Great Britain) - 1891 - 840 lapas
...a contract of sale, but, collateral to the main purpose of such contract [the breach of which gives rise to a claim for damages, but not to a right to repudiate the contract]. (2.) A thing is deemed to be done in "good faith " within the meaning of this...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

1892 - 312 lapas
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. - (2.) Whether a stipulation in a contract of sale is a condition,...rise to a claim for damages, but not to a right to treat the contract as repudiated, depends in each case on the construction of the contract. (3.) Where...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 312 lapas
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to treat the contract as repudiated. (2.) A thing is deemed to be done in 'good faith' within the meaning...
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The Law of Trade-marks and Trade Name, and Merchandise Marks: With Chapters ...

Sir Duncan Mackenzie Kerly - 1894 - 808 lapas
...condition as a breach of warranty, and not as a ground for treating the contract as repudiated. " (b.) Whether a stipulation in a contract of sale is a condition...repudiated, or a warranty, the breach of which may The Scotch rule. " give rise to a claim for damages, but not to a right to reject the goods and treat...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 204 lapas
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated. As regards Scotland a breach of warranty shall be deemed to be a failure to perform a material part...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 lapas
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated." As to the distinction between a condition and a warranty, and the right of the buyer to reject the...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 448 lapas
...treating the contract as repudiated. (b.) Whether a stipulation in a contract of sale is a condition,0 0 the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, w the breach of which may give rise to a claim for damages but not to a right to reject the goods and...
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Principles of the English Law of Contract and of Agency in Its Relation to ...

Sir William Reynell Anson - 1895 - 536 lapas
...independent subsidiary promise, .collateral to the main object of the contract the breach of which gives rise to a claim for damages, but not to a right to reject the goods.' Chanter v. Hopkins, 4 M. & W. 404. (5) In relation to the sale of goods, warranty is used for an express...
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A Treatise on the Law of Contracts

Joseph Chitty - 1896 - 906 lapas
...a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to...reject the goods and treat the contract as repudiated : As regards Scotland, a breach of warranty shall be deemed to be a failure to perform a material part...
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