CAP. 26]
Sale of Goods.
[s. 57 cont.] of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract.
Reasonable time a question of fact.
Right, etc., enforceable by action.
Auction sale.
Reservation of right to bid.
Savings.
[55
58. Where, by this Ordinance, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.
[56
59. Where any right, duty, or liability is declared by this Ordinance, it may, unless otherwise provided by this Ordinance, be enforced by action.
60. In the case of a sale by auction-
[57
(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;
(d) a sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
[58
61. 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.
[59
62. (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, mis-
454
CAP. 26]
Sale of Goods.
[s. 57 cont.] of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract.
Reasonable time a
question of fact.
Right, etc.. enforceable by action.
Auction sale.
Reservation
of right to bid.
Savings.
[55
58. Where, by this Ordinance, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.
[56
59. Where any right, duty, or liability is declared by this Ordinance, it may, unless otherwise provided by this Ordinance, be enforced by action.
60. In the case of a sale by auction-
[57
(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;
(d) a sale by auction may be notified to be subject to a reserve or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
[58
61. 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.
[59
62. (1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding any- thing 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, mis-
454
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