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" means an agreement with reference to goods which are the subject of 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... "
A Treatise on the Law of Contracts - Stran 337
avtor: Joseph Chitty - 1904 - 805 strani
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 strani
...identified and agreed upon at the time a contract of sale is made: " Warranty " means an agreement with reference to goods which are the subject of a contract...reject the goods and treat the contract as repudiated. (2) A tiling is deemed to be done in '• good faith " within the meaning of this Act when it is in...
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Journal of the Institute of Bankers, Količina 12

Institute of Bankers (Great Britain) - 1891 - 840 strani
...[•• Undertaking " includes a condition as well as a warranty.] "Warranty" means an agreement with reference to goods which are the subject of a contract...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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Pump Court: The Temple Newspaper and Review, Količina 8

1888 - 432 strani
...identified and agreed upon at the time a contract of sale is made. "Warranty" means an agreement with reference to goods which are the subject of a contract...but collateral to the main purpose of such contract. "Writing" includes print, and " written" includes printed. (2) A thing is deemed to be done in " good...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 300 strani
...and one dies before the sale is carried through ; the purchase does not hold for the survivor either. which are the subject of a contract of sale, but collateral...contract, the breach of which gives rise to a claim of damages, but not to a right to treat the contract as repudiated' (SGB § 62 ; cp. § 54). The following...
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The Law of Trade-marks and Trade Name, and Merchandise Marks: With Chapters ...

Sir Duncan Mackenzie Kerly - 1894 - 808 strani
...to treat the contract as 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 the contract as repudiated, depends in each case upon the construction of the contract. A stipulation may be a condition, though...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 204 strani
...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 and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition though called...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 strani
...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 and treat the contract as repudiated, depends in each case on the construction of the contract. A stipulation may be a condition though called...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 448 strani
...Suspensive and resolutive. English sense. It is denned as regards England and Ireland as " an agreement with reference to goods which are the subject of a contract...reject the goods and treat the contract as repudiated." 2 In Scotland, however, the word " warranty" is generally used in its natural sense of guarantee (ie...
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Principles of the English Law of Contract and of Agency in Its Relation to ...

Sir William Reynell Anson - 1895 - 536 strani
...sale of goods it is used as an independent subsidiary promise, .collateral to the main object of the contract the breach of which gives rise to a claim...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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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - 1897 - 1210 strani
...in that Act, " unless tho context or subject-matter otherwise requires," means " an agreement with o shall have so paid such debt or performed (Sale of Goods Act, 1893, s. 62.) By s. 11 (1), " (a. ) Where a contract of sale is subject to any...
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