Sale of Goods Act. This Agreement shall not be governed by either the provisions of the International Sale of Goods Act or the United Nation’s Convention for Contracts on the International Sale of Goods, regardless of that Convention’s legal or statutory adoption by any jurisdiction.
Sale of Goods Act. The quality of the produce shall conform to those standards agreed on by the buyer and the seller herby attached as an addendum to this contract.
Sale of Goods Act. 1923 (NSW) - A person lacking mental capacity to contract must still pay for necessities they purchase x Xxxxxxx v Xxxxxx (1954) 91 CLR 423 – Xxxxxxx and two sisters-in-law become owners of land as joint tenants [if one died others would obtain interest in the land] – sisters executed a document converting the joint tenancy to a tenancy in common [on death estate would inherit the proportionate share of the person who died]. After death of sisters Xxxxxxx claimed the documents for tenancy in common were ineffective because the sisters lacked mental capacity. Claim failed – mental capacity refers to only a capacity to understand the nature of that transaction when it is explained.
Sale of Goods Act. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit and, it the seller fails to do so, the goods shall be deemed to be at his risk during sea transit.
Sale of Goods Act. (a) a condition, the breach of which may give rise to a right to treat the contract as repudiated; or
(b) a warranty, the breach of which may give rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract; but a stipulation may be a condition, though called a warranty in the contract.
Sale of Goods Act. (b) there is an implied condition that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
(c) there is an implied condition that the goods will free from any defect rendering then unmerchantable, which would not be apparent on reasonable examination of the sample. Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained.
Sale of Goods Act. 10. 1. Danish legislation, including the Sale of Goods Act, shall apply to this agreement to the extent that the legal position is not defined in the terms of the agreement or in these terms of sale and delivery. Any dispute concerning the construction of the agreement or the performance and enforcement of the terms can only be brought before Danish courts in accordance with Danish jurisdiction rules.
Sale of Goods Act. Danish Legislation, including the Sale of Goods Act, applies to this agreement to the extent that the legal status is not determined in the text of the agreement or these terms of sale and delivery. Any dispute regarding the interpretation of the agreement or the enforcement of terms can only be brought before Danish courts in accordance with Danish rules of jurisdiction.
Sale of Goods Act. If the property is to pass before severance. fructus industriales are goods, but fructus naturales are an interest in land. Xxxxx, Contract, 15th ed., 1920, p. 83. Most of the decisions before the Act arose on construction of the Statute of Frauds [see chapter 2, 23], which uses the expression "goods, wares, and merchandises," and this expression was somewhat artificially extended in order to bring contracts of sale within the 17th section of that Act rather than the 4th, which does not recognise part performance. Obviously decisions on those words must be applied with caution to the present definition, which applies not only to s. 4 [Ont. s. 6: see chapter 2, 24] (reproducing the 17th section of the Statute of Frauds), but to the whole Act. Xxxxxxxx, Sale of Goods, 7th ed., 1910, p- 143. As to "goods," see also Xxxxxxxx, Sale, 5th ed., 1906, pp. 173 ff.; 25 Halsbury, Laws of England, p. 112. As to crops, standing timber, etc., see Xxxxxx x. Xxxxxxxxx, 1805, 6 East 602; Xxxxx x. Xxxxxx, 1829, 9 B. & C. 561, 23 R.C. 230; Xxxxxxxx x. Xxxxx, 1875, 1 C.P.D. 35; XxXxxxx x. Xxxxxx, 1889, 17 Or. 479; Xxxxx x. Xxxxxxxxxx, 1894, 25 O.R. 279; Xxxxxx x. Xxxxxxx & Sons, [1909] 1 K.B. 357. The Sale of Goods Act (Ont. s. 7; U. K. s. 5) provides:
Sale of Goods Act. Matters not regulated by this contract shall be regulated in accordance with the provisions of the Sale of Goods Act of 13 May 1988 No 27.
