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" Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind... "
The Acts of the Parliament of Western Australia - Seite 294
von Western Australia - 1908
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Acts of the Parliament of South Australia

South Australia - 1896 - 230 Seiten
...PART VI. SUPPLEMENTARY. 54. Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties...
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Cases Decided in the Court of Claims of the United States, Band 109

United States. Court of Claims - 1948 - 974 Seiten
...Act providing that "Where any right, duty or liability would arise under a contract to sell or a sale by implication of law it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties...
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Journal of the Institute of Bankers, Band 12

Institute of Bankers (Great Britain) - 1891 - 840 Seiten
...nr warranty may lie expressly excluded. Where a condition or warranty arises in a contract of sale by implication of law. it may be negatived or varied by express agreement. 12. Stipulation* an to time of payment — (1.) Unless a different intention appears from the terms...
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Pump Court: The Temple Newspaper and Review, Band 8

1888 - 432 Seiten
...or warranty may be expressly excluded.— Where a condition or warranty arises in a contract of sale by implication of law, it may be negatived or varied by express agreement. 16. Bale by description. — Where there is a contract for the sale of goods by description, the goods...
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Pump Court: The Temple Newspaper and Review, Band 9

1889 - 202 Seiten
...may be expretsly excluded. — Where any right, duty, or obligation arises, under a contract of sale, by implication of law, it may be negatived or varied...usage be such as to bind both parties to the contract. 64. Bights and duties under Act enforceable by action. — Where any right, duty, or liability is declared...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 300 Seiten
...it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. XI. Stipulations as to time. — (1.) Unless a different intention appears from the terms of the contract,...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - 1892 - 312 Seiten
...terms and conditions. — Where any right, duty, or liability would arise under a contract of sale, by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - 1894 - 436 Seiten
...it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the contract. SALE OF GOODS ACT, 1893. S.55. Express agreement. Course of dealing. Usage. The effect of this section...
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - 1894 - 204 Seiten
...SUPPLEMENTARY. 55. — Where any right, duty, or liability would Exclusion of arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties...
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Notes and Commentaries on the Sale of Goods Act 1893 (56 & 57 Vict. Ch. 71 ...

Richard Brown - 1895 - 448 Seiten
...varied by express agreement (i0 or by the course of dealing between the parties, (c) or by usage,( d) if the usage be such as to bind both parties to the contract. NOTES. (a) "Implication of law." Eg implied conditions and warranties (Sects. 12-15); the effect of...
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