1912_SALE_OF_GOODS_ORDINANCE__1896 — Page 19

SALE OF GOODS.

No. 4 of 1896.

739

ses to action

y and

eller's

stion, by the

(4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.

54. Nothing in this Ordinance shall affect the right of the buyer Interest and

special or the seller to recover interest or special damages in any case where damages. by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

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have

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PART VI.

SUPPLEMENTARY PROVISIONS.

55. Where any right, duty, or liability would arise under a Exclusion of implied contract of sale by implication of law, it may be negatived or varied terms and by express agreement or by the course of dealing between the conditions. parties, or by usage, if the usage be such as to bind both parties to the contract.

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56. Where, by this Ordinance, any reference is made to a reason- Reasonable able time, the question what is a reasonable time is a question of time a ques fact.

tion of fact.

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enforceable

57. Where any right, duty, or liability is declared by this Right, etc., Ordinance, it may, unless otherwise provided by this Ordinance, be by action. enforced by action.

58. In the case of a sale by auction,----

(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale:

(b) a sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid:

(c) where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer:

*See note to section 1,

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Auction sale.

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