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" Where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault. "
Acts of the General Assembly of the State of New-Jersey - Page 325
by New Jersey - 1907
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Acts of the Parliament of South Australia

South Australia - Law - 1896 - 230 pages
...the 56 & 57 Vic ch 71 buyer's risk, whether delivery has been made or not : Provided that sec. 20. where delivery has been delayed through the fault...loss which might not have occurred but for such fault : Provided also that nothing in this section shall affect the duties or liabilities of either seller...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - Banks and banking - 1891 - 840 pages
...whether delivery has been made or not. Provided that where delivery has been delayed through the default of either buyer or seller the goods are at the risk of the party making default [as regards any loss which would not have occurred but for such default]. Provided also...
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Report of the ... Annual Meeting of the American Bar Association, Volume 46

American Bar Association - Bar associations - 1921 - 1066 pages
...from the time of such delivery. (h) Where delivery has heen delayed through the fault of either huyer or seller the goods are at the risk of the party in fault until the contract is terminated hy a total hreach or otherwise, as regards any loss which might not...
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Atlantic Reporter, Volume 105

Law reports, digests, etc - 1919 - 1050 pages
...of such delivery, (b) where delivery has lx en delayed through the fault of either buyer or srllcr the goods are at the risk of the party in fault as...which might not have occurred but for such fault." While the finding does not in express terms во state, it is apparent from all the circumstances that...
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Pump Court: The Temple Newspaper and Review, Volume 8

1888 - 432 pages
...whether delivery has been made or not. Provided that where delivery has been delayed through the default of either buyer or seller the goods are at the risk of the party making default. Provided also that nothing in this section shall be deemed to affect the duties or...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 312 pages
...to the buyer, the goods are at the buyer's risk whether delivery has been made or not. Provided that where delivery has been delayed through the fault...risk of the party in fault as regards any loss which would not have occurred but for such fault. Provided also that nothing in this section shall affect...
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The Contract of Sale in the Civil Law: With References to the Laws of ...

John Baron Moyle - Civil law - 1892 - 298 pages
...as in Ma1iineait v. Kitching, LR 7 QB 436 : and where delivery has been delayed through the default of either buyer or seller the goods are at the risk of the party making default as regards such loss as would not have occurred but for such default : Mart 'mean v....
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The Contract of Sale in the Civil Law: With References to the Laws of ...

John Baron Moyle - History - 1892 - 296 pages
...as in Afa1iineau v. Kitching, LR 7 QB 436 : and where delivery has been delayed through the default of either buyer or seller the goods are at the risk of the party making default as regards such loss as would not have occurred but for such default : Martineau v....
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The Sale of Goods Act, 1893: With Notes

Frank Newbolt - Sales - 1894 - 204 pages
...liotterdam). 1868.] . 4 L. R, 5H. L, 116, 133 ; 40 L, JQB 148 ; 24 L, T. 857 ; 20 WRI [1871.] Provided that where delivery has been delayed through the fault...which might not have occurred but for such fault. Provided also that nothing in this section shall affect the duties or liabilities of either seller...
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A Commentary on the Sale of Goods Act, 1893: With Illustrative Cases and ...

Walter Charles Alan Ker - Commercial law - 1894 - 436 pages
...not caused by the (i) (1872), LR 7 QB 436, 456. buyer's delay. S. 20. or default ") of either party, the goods are at the risk of the party in fault as regards any loss " which miyht not have occurred but for such fault." Generally, the same act which shows a delivery, will also...
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