Lapas attēli
PDF
ePub

167. In what three ways may the statute be satisfied? Define "acceptance" and "receipt." Is actual physical delivery always essential? If not, show in what cases it need not occur? Is the writing necessarily formal? Explain an ordinary bill of sale.

168. Before title passes, where is the risk of loss? Explain the importance of passing title.

169. Of what importance is delivery in passing title? 170. When does title pass in sales subject to conditions precedent? When there are conditions subsequent?

171. At what time does title pass when goods are sent from a distance? Is the intention of the parties important? What are the differing rules as to title in C. O. D. sales?

172. When the seller retains possession, when does title pass? What presumption of fraud may arise? 173. When goods are to be manufactured, what presumption arises concerning the time title passes? 174. In case of sale by sample when does title pass?

CHAPTER XI

SALE: PERFORMANCE OF THE CONTRACT

[ocr errors]

175. What is delivery? Under what obligations is the seller in regard to delivery? When need actual delivery not take place?

176. At what place must the goods be delivered? 177. When is delivery to a carrier sufficient? What is the meaning of F. O. B.? What presumption as to delivery arises in such case?

178. Discuss the time of delivery and show its importance in sales. When offer of delivery is made after the agreed time, what are the buyer's rights?

179. Must the specific quantity agreed upon be delivered? Must the buyer receive goods by installments? What is the rule when the contract is severable?

180. What is the rule concerning the quality of the goods delivered? Has the buyer the right of inspection?

181. Must there be actual delivery? If not, what may take its place?

182. Define warranty. Distinguish between express and implied warranty.

183. What is implied warranty of title? Of what is possession by the vendor prima facie evidence? What is constructive possession? Does it warrant title?

184. What is the meaning of caveat emptor? Caveat venditor? Where does the latter rule apply? Discuss goods sold by sample, which rule applies?

185. Is there any special warranty in a sale of provisions? If so, when does it arise?

186. What remedies has the buyer for breach of express warranty?

187. What three remedies has he in the case of a breach of an implied warranty?

188. Explain vendor's lien; stoppage in transitu. When do these rights arise?

189. When a vendor has exercised one of the above rights, what rights has he then, what may he do?

190. When may the unpaid vendor bring an action for the purchase price? What is the rule in New York? When may an action for damages be brought?

191. What measure of damages may be recovered? 192. What remedies has the vendee when the seller re

fuses to deliver the goods? What is the measure of damages?

CHAPTER XII

BAILMENTS

193. Define bailment. What may be bailed? Need the bailor be the actual owner of the property?

194. Distinguish bailment from barter; from sale. In what case is this distinction of great importance?

195. What division of bailments is of importance? Why is the usual classifications not important?

196. Name and explain some so-called extraordinary bailments.

197. Explain the contract of bailment. What does it include? How are the rights and duties of the parties determined?

198. What degree of care must the bailee give the bailed property? When may he become guilty of breach of contract or even of conversion?

199. What are the obligations of the bailor and bailee respectively in a bailment for the sole benefit of the bailor?

200. How is the question of negligence determined? 201. Explain the duties and liabilities of the bailor and bailee in a bailment for the sole benefit of the bailee? What degree of care is required from the bailee?

202. How may a bailment for the sole benefit of one party be terminated?

203. Define pledge or pawn, and explain how the relation of pledgor and pledgee may arise.

204. What does the pledge cover? What is done when the obligation which the pledge secures is unpaid? What degree of care is the pledgee bound to use?

205. Must actual tender of payment be made to secure

return of pledge? Explain the termination of pledge or pawn.

206. What is a bailment locatio rei?

207. How is a contract of hiring enforcible? What are the duties of the parties in this form of bailment? 208. In a bailment for hire when the property is destroyed what are the rights of the bailor?

209. On whom will liability for injury to third persons fall? In a bailment for services what compensation is due the bailee?

210. How is the duration of a bailment determined? In the absence of express agreement how may a bailment be terminated?

211. Explain the duties, rights and liabilities of warehousemen. What is the importance of the warehouse receipt?

212. What degree of care should be exercised by safe deposit companies?

213. What, if any lien has a liveryman on the animals left with him?

214. What relation exists between banker and depositor?

215. Who is an innkeeper? Is a sleeping-car or a steamboat an inn?

216. Is every inmate of an inn a guest? If not, illustrate another relationship?

217. What duty is imposed on the innkeeper and what has the law to say regarding any violation of any duty? Does any bailment arise between innkeeper and guests? State three rules concerning the liability of the innkeeper.

218. What special privileges does the innkeeper enjoy?

219. Has he a right to terminate the relationship?

CHAPTER XIII

COMMON CARRIERS

220. Define a common carrier. What test determines whether one is a common carrier or not?

221. What is the right of eminent domain? Can a common carrier refuse the goods of any one who applies? What regulations exist concerning the rates allowed to be charged?

222. What are the exceptions to the rule imposing liability for all loss on the carrier?

223. May a carrier contract to limit his extraordinary liability? Can it do so in cases of negligence? Of what value is a printed notice issued by the carrier or affixed to a receipt?

224. What are the rules regarding delivery by the carrier?

225-226. At what time should delivery be made? Are carriers under any obligations as to the place of delivery? Are carriers obliged to receive C. O. D. packages?

227. When does the liability as carrier cease and that of warehouseman begin?

228. If goods are delivered to the wrong person, what is the liability of the carrier?

229. Is the carrier obliged to keep the goods safe until the consignee takes them?

230. What is the liability of a carrier who gives the goods to a connecting carrier? May he undertake to keep responsibility?

231. When may a carrier be excused for non-delivery? What vendor's right may be exercised?

232. Who are public carriers of passengers? What

« iepriekšējāTurpināt »