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" Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind... "
Public Acts of the Legislature of the State of Michigan - Стр. 170
авторы: Michigan - 1913
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Acts of the Parliament of South Australia

South Australia - 1896 - Страниц: 230
...55. PART VI. SUPPLEMENTARY. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. Seasonable time a question of...
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Cases Decided in the Court of Claims of the United States, Том 109

United States. Court of Claims - 1948 - Страниц: 974
...case. In support of this contention defendant points to section 71 of the Act providing that "Where any right, duty or liability would arise under a contract...to bind both parties to the contract or the sale," and to that portion of CoixAion 4: (c) of the contract which states that "failure to ijv ^ and accept...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

1892 - Страниц: 312
...implied terms and conditions. — Where any right, duty, or liability would arise under c. contract of sale, by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. XI. Stipulations as to time. —...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - Страниц: 204
...SUPPLEMENTARY. 55. — Where any right, duty, or liability would Exclusion of arise under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 56. — Where by this Act any...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - Страниц: 436
...Exclusion of « i . i . -PI implied terms arise under a contract of sale by implication of law, and it may be negatived or varied by express agreement...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. SALE OF GOODS ACT, 1893. S.55....
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A Treatise on the Canadian Law of Conditional Sales of Chattels, and of ...

William James Tremeear - 1899 - Страниц: 510
...(r) A right of re-sale as limited by the Act (85). Where any right would arise under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract (86). In commercial contracts the...
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A Treatise on the Law of Sale of Personal Property, Том 2

Floyd Russell Mechem - 1901 - Страниц: 962
...failed. PART VI. SUPPLEMENTARY. 55. Where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract 5(i. Where, by this Act, any reference...
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The Elements of the Law of Sale of Personal Property

William Livesey Burdick - 1901 - Страниц: 456
...Act. PAET VI. S DPPLEMENTARY. 55. "Where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 56. Where, by this Act, any reference...
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The Trader's Guide to the Law Affecting the Sale of Goods

Lawrence Duckworth - 1901 - Страниц: 86
...action as money had and received. Where any right, duty, or liability, would arise under a contract of sale, by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. " Merchants are not bound to make...
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The Scots Statutes Revised ...: The Public General Statutes Affecting ...

Scotland - 1901 - Страниц: 620
...IMPLIED TERMS AND CONDITIONS. — Where any right, duty, or liability would arise under a contract of sale by implication of law, it may be negatived or...by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. 56. REASONABLE TIME A QUESTION...
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