Index

Agency

customary,

2–3

See, also, Agents,

estate agents, of,

2

Authority, Principal,

executed,

51–52

Ratification of agency

ostensible,

3–9

irrevocable,

50–51

reliance on,

7–8

operation of the law, by,

13–16

representations and,

5–7

sale of goods and,

84–85

usual,

9–12

termination by the parties,

48–52

warranty of,

53–54

Agents

See, also, Agency,

Bailment,

65–66, 121

Authority, Principal,

Bills of exchange,

235–40

Ratification of agency

definition of,

235–36

care and skill of,

34

discharge of,

239–40

commission of,

42–46

documentary,

240

conflicts of interest and,

34–41

holders for value and,

237–38

contractual liabilities of,

54–56

holders in due course and,

238–39

contractual rights of,

56–57

liability on,

239

dealers as,

193–200

payment of,

239–40

duties of,

31–41

transfer of,

236–37

indemnity,

46–47

Bills of lading,

213–219

lien,

47–48

‘clean’,

247

personal performance

contract of carriage as,

213–17

by,

33–34

delivery order as a,

218

principal and,

25–26, 31–52

document of title as,

217–18

remuneration of,

42–45

documentary credits and,

247

third parties and,

26, 53–58

quality and condition and,

219

Auctions,

57, 66

quantity and,

219

Authority

receipt as a,

218

acting without,

25

Bribes,

38–41

actual,

1

express,

1

Car dealers,

193–200

implied,

1–2

Carriage by sea,

145–46

alteration of position and,

8

See, also, Bills of lading

apparent,

3–9

CIF contracts,

229–33

conduct subsequent

buyers’ duties and,

231–32

to contract and,

8–9

passing of property and,

232

Index

goods corresponding with,

73–75

Hire-purchase,

64, 142–43, 181

sale by,

70–73

Documentary credits,

241–53

ICC Uniform Customs

autonomy of,

243

and Practice for

bills of lading and,

247

Documentary Credits,

242

confirmed,

241

Indemnities,

46–47

contracts and,

249–51

Instalments,

149–53

fraud and,

246–47

guarantees and,

251–53

Letters of credit

irrevocable,

241

See, also, Documentary

negotiation,

241–42

credits

performance bonds and,

251–53

Licences,

221–22

revocable,

241

Liens,

47–48, 163–66

security for,

247

consumer credit

straight,

241–42

agreements and,

192–93

strict compliance and,

243–47

loss of,

48, 165–66

time for opening,

247–49

sale of goods and,

163–66

Uniform Customs and

waiver and,

166

Practice for,

242

Mercantile agents,

129–33

Election,

57–58

See, also, Agents,

Estate agents,

2

Commercial agents

Estoppel

Misrepresentation,

55, 92–93

negligence and,

128

Mistake,

122–23

nemo dat quod non

habet and,

125–43

Necessity, agency of,

13–16

words and conduct and,

126–28

Negligence,

93–96, 128

Export licences,

221–22

Negotiable instruments,

56

Extortionate credit bargains,

207

Nemo dat quod non habet,

125–43

Factors,

128–40

Passing of property,

103–18

FOB contracts,

221–28

appropriation and,

107–10

buyers’ duties and,

222–25

ascertainment and,

111–13

export licences and,

221–22

CIF contracts and,

232

passing of property and,

226–27

FOB contracts and,

226–27

risk and,

227–28

frustration and,

123–24

sellers’ duties and,

225–26

goods on approval

Forgeries,

24

or sale or return and,

105–07

Fraud,

246–47

intention of parties and,

103–05

Frustration,

123–24

mistake and,

122–23

perishing of goods and,

124

Gifts,

37, 65

reservation of tile

Guarantees,

251–53

clauses and,

115–19

risk and,

119–22

passing of property and,

103–13

price and,

159–61

quality and,

75–81

reasonable reliance upon

skill and judgment of

seller and,

82–84

rejection and,

171–74

remedies and,

159–80

resale and,

168–69

sample by,

84–85

seller’s remedies and,

159–69

title and,

68–70

transit and,

166–68

transfer of property and,

61–62

unfair contract terms and,

85–101

Set-off,

30

Specific performance,

178–79

See, also, Performance

Time orders,

211–12

Title

bills of lading and,

217–18

consumer credit and,

184–87

hire purchase and,

142–43

incumbrances and,

69–70

nemo dat quod non

habet and,

125–43

passing of, by

non-owners,

125–43

quiet possession and,

69–70

sale of goods and,

68–70

seller’s right to sell and,

69

voidable,

141–42

Transit

risk and,

122

stoppage in,

166–68

Unfair contract terms,

85–101