400
No. 4 of 1896.
SALE OF GOODS.
Reservation of right to bid.
Repeal of enactments.
Schedule.
Savings.
Interpreta-tion.
(4) 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 The enactments mentioned in the Schedule are hereby repealed (so far as they are applicable to the Colony) to the extent stated in the Schedule.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affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.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)—(a) “Action" includes suit, counterclaim, and set-off.
(b) "Buyer" means a person who buys or agrees to buy goods.
(c) "Contract of sale" includes an agreement to sell as well as a sale.
(d) "Delivery" means voluntary transfer of possession from one person to another.
400
No. 4 of 1896.
SALE OF GOODS.
Reservation of right to bid.
Repeal of enactments.
Schedule.
Savings.
Interpreta- tion.
(4) 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 The enactments mentioned in the Schedule are hereby repealed (so far as they are applicable to the Colony) to the extent stated in the Schedule.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 mer- chant, 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)—(a) “Action" includes suit, counterclaim, and set-off. (b)
Buyer "
means a person who buys or agrees to buy
goods.
(c) "Contract of sale" includes an agreement to sell as
well as a sale.
(d)
"Delivery " means voluntary transfer of possession from one person to another.
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