AD 1896.]
SALE OF GOODS.
[No. 4.
169
Where by a contract of sale the seller purports to effect a present sale of future goods, the contract operates as an agreement to sell the goods.
Where there is a contract for the sale of specific goods, and the goods, without the knowledge of the seller, have perished at the time when the contract is made, the contract is void.
Where there is an agreement to sell specific goods, and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.
Price.
10.—(1) The price in a contract of sale may be fixed by the contract, or may be left to be fixed in manner thereby agreed, or may be determined by the course of dealing between the parties.
(2) Where the price is not determined in accordance with the foregoing provisions, the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.
11.(1) Where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party, and such third party cannot or does not make such valuation, the agreement is avoided: Provided that if the goods or any part thereof have been delivered to and appropriated by the buyer, he must pay a reasonable price therefor.
(2) Where such third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault.
Conditions and Warranties.
12-(1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.
(2) In a contract of sale "month" means prima facie calendar month.
13.(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition, or may treat the breach of such condition as a breach of warranty, and not as a ground for treating the contract as repudiated.
(2) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated...
AD 1896.]
SALE OF GOODS.
[No. 4.
169
Where by a contract of sale the seller purports to effect a present: of future goods, the contract operates as an agreement to sell the
:
Where there is a contract for the sale of specific goods, and the Goods which ods, without the knowledge of the seller, have perished at the time when have perished.
contract is made, the contract is void.
9 Where there is an agreement to sell specific goods, and subsequently Goods
perishing he goods, without any fault on the part of the seller or buyer, perish before before sale The risk passes to the buyer, the agreement is thereby avoided.
Price.
but after agreement to sell.
10.—(1.) The price in a contract of sale may be fixed by the contract, Ascertain-
may be left to be fixed in manner thereby agreed, or may be deter- ment of price. mmed by the course of dealing between the parties.
(2) Where the price is not determined in accordance with the fore- oing provisions, the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of
oh particular case.
10.a
(a new section inverted) Sec. §20f ord. 20/1911.
sell at valuation.
11(1.) Where there is an agreement to sell goods on the terms that Agreement to The price is to be fixed by the valuation of a third party, and such third party cannot or does not make such valuation, the agreement is avoided: Provided that if the goods or any part thereof have been delivered to nd appropriated by the buyer, he must pay a reasonable price therefor. Where such third party is prevented from making the valuation maintain the fault of the seller or buyer, the party not in fault may An action for damages against the party in fault.
Conditions and Warranties.
12-(1.) Unless a different intention appears from the terms of the Stipulations Contract, stipulations as to time of payment are not deemed to be of the as to time.
sence of a contract of sale. Whether any other stipulation as to time
of the essence of the contract or not depends on the terms of the con-
);
(2) In a contract of sale "month
means primâ facie calendar month. 18 (1.) Where a contract of sale is subject to any condition to be When
elect ulfilled by the seller, the buyer may waive the condition, or may
treat the breach of such condition as a breach of warranty, and not as warranty. ground for treating the contract as repudiated.
(2) Whether a stipulation in a contract of sale is a condition, the ach of which may give rise to a right to treat the contract as
condition to be treated as
No comments yet.
Private notes are available after approval.