TIME-continued. reasonable time applies to sale or return, 89. reasonable time for giving and taking delivery, 176. implied condition on part of seller, 57. where seller not owner buyer acquires no better title, 109. where title voidable but not avoided good to buyer, 114. 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, seller may acquire good title to re-sell of which any second buyer TRADE NAME, no warranty of fitness of goods sold under, 67, 68. TRANSFER OF PROPERTY, relation of sale to, 1, 2, 3. no transfer till goods ascertained, 78. change in law of Scotland, 80. rules for ascertaining intention, 85. analogy between rules as to transfer of risk in Scotland and 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, restriction upon re-vesting following on conviction, 116. in England claim for remuneration for care and custody depends exceptions to usual effect of passing the property, viz.- lien, 183. 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 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 duration of, 209. continues till arrival of goods at appointed destination, 209, 218. ended by acknowledgment by carrier that goods held for buyer, ended by wrongful refusal of carrier to deliver goods to buyer or ended by carrier becoming custodier for buyer, 211. 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. 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 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. 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. 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. VOIDABLE TITLE. See TITLE. parties in Scotland need not now obtain judicial warrant to sell seller requires no judicial warrant for exercise of right of re-sale 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. THE END. Printed by R. & R. CLARK, LIMITED, Edinburgh. |