No. 4 of 1896.
SALE OF GOODS.
Reservation of right to bid.
Repeal of enactments.
Schedule.
Savings.
Interpreta-tion of terms
(d) a sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
59. Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.
60. The enactments mentioned in the schedule are hereby repealed (so far as they are applicable to the Colony) to the extent stated in the schedule.
61.—(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
62. In this Ordinance,
(1) "Action" includes suit, counterclaim, and set-off: "Buyer" means a person who buys or agrees to buy goods:
includes an agreement to sell as well as a sale: the delivery of goods, and the transfer of property therein, are dealt with in subsequent sections.
(2) "Contract of sale" includes an agreement to sell as well as a sale.
(3) "Delivery" means voluntary transfer of possession from one person to another.
(4) "Document of title to goods" includes any bill of lading, dock warrant, warehouse-keeper's certificate, and warrant or order for delivery.
*See note to section 1.
As amended by No. 50 of 1911.
As amended by No. 50 of 1911 and No. 8 of 1912.
63.
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Page 21
740
No. 4 of 1896.
SALE OF GOODS.
Reservation of right to bid.
*
Repeal of enactments.
schedule.
+
Savings.
Interpreta-
tion of terms
S
(d) a sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
59. Where a right to bid is expressly reserved, but not other- wise, the seller, or any one person on his behalf, may bid at the
auction.
60. The enactments mentioned in the schedule are hereby repealed (so far as they are applicable to the Colony) to the extent stated in the schedule.
61.—(1) The rules in bankruptcy relating to contracts of sale. shall continue to apply thereto, notwithstanding anything in this Ordinance.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enact- ment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to contracts of sale. do not apply to any transaction in the form of, a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
62. In this Ordinance,-
(1) "Action" includes suit, counterclaim, and set-off: "Buyer" means a person who buys or agrees to buy goods:
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*See note to section 1.
As amended by No. 50 of 1911.
As amended by No. 50 of 1911 and No. 8 of 1912.
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63.
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