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" Where any right, duty, or liability would arise under a contract of 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 usage, if the usage be such as to bind both parties... "
The Northwestern Reporter - Página 55
1920
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 páginas
...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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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - 1891 - 840 páginas
...condition nr warranty may lie expressly excluded. Where a condition or warranty arises in a contract of sale by implication of law. it may be negatived or varied by express agreement. 12. Stipulation* an to time of payment — (1.) Unless a different intention appears from the terms...
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Pump Court: The Temple Newspaper and Review, Volume 8

1888 - 432 páginas
...condition or warranty may be expressly excluded.— Where a condition or warranty arises in a contract of sale by implication of law, it may be negatived or varied by express agreement. 16. Bale by description. — Where there is a contract for the sale of goods by description, the goods...
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Pump Court: The Temple Newspaper and Review, Volume 9

1889 - 202 páginas
...&c., may be expretsly excluded. — Where any right, duty, or obligation arises, under a contract of sale, by implication of law, it may be negatived or varied by express agreement, or by usage, if the usage be such as to bind both parties to the contract. 64. Bights and duties under Act...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

1892 - 312 páginas
...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 - 204 páginas
...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 - 436 páginas
...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 - 510 páginas
...(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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The Sale of Goods Act, 1893: Including the Factors Acts, 1889 & 1890

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1899 - 264 páginas
...VI. SUPPLEMENT AET. Sect 55. 55. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived or varied by express agreement 1 or by the course of dealing between the parties, or by usage, if the usage be such as to bind both...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1900 - 888 páginas
...some other person. It must be remembered, however, that the above implied ^ri:;::--.-.< and warranties may be negatived or. varied by express agreement or...by the course of dealing between the parties, or by usage binding upon both (i). If goods be sold by a person who is not the owner, and the owner be found...
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