Lapas attēli
PDF
ePub

TIME-continued.

reasonable time applies to sale or return, 89.
delivery must be at reasonable hour, 136.
reasonable hour question of fact, 136, 139.
what is reasonable time, 138.

reasonable time for giving and taking delivery, 176.
TITLE TO SELL. See also STOLEN GOODS.

implied condition on part of seller, 57.

where seller not owner buyer acquires no better title, 109.
concealment of defect in, is fraud, 111.

where title voidable but not avoided good to buyer, 114.
seller's title in Scotland extended, 115.

effect of suspensive condition upon, 116.

effect of seller's bankruptcy upon, 116.

effect of market-overt in England, 112.

effect of Larceny Act in England, 118.

second buyer acquiring bona fide under re-sale may get good title,
notwithstanding mala fides of seller, 120.

seller may acquire good title to re-sell of which any second buyer
obtains benefit, 230.

TRADE NAME,

no warranty of fitness of goods sold under, 67, 68.

TRANSFER OF PROPERTY,

relation of sale to, 1, 2, 3.
re-transfer to seller, 2, 201.
condition suspensive of, 48.

no transfer till goods ascertained, 78.
depends on intention of parties, 79.

change in law of Scotland, 80.

rules for ascertaining intention, 85.

analogy between rules as to transfer of risk in Scotland and
transfer of property in England, 90.

as affected by reservation of right of disposal, 98.

bill of lading to seller's order, 98.

bill of exchange not accepted, 99.

risk prima facie passes with property, 104.

divestiture of true owner in England upon sale in market-overt,

112.

re-vesting in England upon prosecution of offender to conviction,
116.

restriction upon re-vesting following on conviction, 116.

in England claim for remuneration for care and custody depends
on, 177.

exceptions to usual effect of passing the property, viz.-

lien, 183.

[blocks in formation]

TRANSFER OF PROPERTY-continued.

becomes absolute in buyer upon payment of price, 201.

or of amount in decree for price, 201.

satisfied decree for damages for wrongous refusal to deliver, re-vests
property in seller, 201.

TRANSIT. See also STOPPAGE IN TRANSITU.

definition of, 212.

risk of loss in course of, 156.

while goods in course of, unpaid seller may stop them and resume
possession, 202.

duration of, 209.

continues till arrival of goods at appointed destination, 209, 218.
ceases notwithstanding further destination, 209, 218.
definition of "course of transit" incomplete, 210.

ended by acknowledgment by carrier that goods held for buyer,
209, 211.

ended by wrongful refusal of carrier to deliver goods to buyer or
his agent, 209.

ended by carrier becoming custodier for buyer, 211.
difficulty in fixing termination of, 213.

TUTOR-AT-LAW,

guardian of lunatic, 10.

UNPAID SELLER,

defined, 180.

when whole price not paid or tendered, 180.

when bill or negotiable instrument dishonoured, 180.
rights of where property has passed, 183, 184.

where property has not passed, 184, 185.

has right of lien, 190.

effect of part delivery by, upon right of lien, 197.

has right of stoppage in transitu, 201, 207.

may resume possession of goods, 201.

may retain goods after stoppage until payment or tender of
price, 202.

USAGE,

effect of, upon constitution of contract, 18, 259.

upon ascertainment of price, 38.

in importing stipulation into contract, 48.

of trade, effect reserved, 141.

effect of upon instalment deliveries, 147.

may vary terms of contract implied by law, 257.
general as opposed to particular usage, 259.

effect in Scotland of English usage, 259.

USAGE-continued.

requisites of proof of, 260.

nature of usage required, 260.

in relation to ready-money sales, 260.

when usage may be judicially recognised, 260.

VALUATION,

agreement to sell at, 41.

refusal of valuers to act, 42, 43.

by one of the parties, 43.

where price to be fixed by valuation of third party, 42.
VENDOR'S LIEN. See LIEN.

VERBAL CONTRACT,

sale may be contracted by word of mouth, 16, 17.

VOID,

contract void where goods have perished, 31.

where goods perish before risk passes, 34.

corresponds to null ab initio, 32, 114.
meaning of "avoided,” 114.

VOIDABLE TITLE. See TITLE.

[blocks in formation]

parties in Scotland need not now obtain judicial warrant to sell
rejected goods, 178.

seller requires no judicial warrant for exercise of right of re-sale
where such right exists, 233.

WARRANTY.

See also CONDITIONS AND WARRANTIES.

defined, 50, 287.

breach of, as regards Scotland, 287.

remedy for breach of, 251.

WHARFINGER'S CERTIFICATE. See DOCUMENT OF TITLE.

WRIT OF EXECUTION. See FIERI FACIAS.

WRITING,

how far necessary to contract of sale, 16.
effect of informal writing in Scotland, 17.
includes printing, etc., 17.

THE END.

Printed by R. & R. CLARK, LIMITED, Edinburgh.

« iepriekšējāTurpināt »