As regards Scotland a breach of warranty shall be deemed to be a failure to perform a material part of the contract. (2.) A thing is deemed to be done " in good faith " within the meaning of this Act when it is in fact done honestly, whether it be done... The Law Journal Reports - Page 3101893Full view - About this book
| 1918 - 730 lehte
...Answer: No. And upon those findings judgment was given. Under s. 90 of the Bills of Exchange Act, 1882, a thing is deemed to be done in good faith, within the meaning of the Act, where it is in fact done honestly, whether it is done negligently or not; so that the finding... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1882 - 126 lehte
...or indorser in his own country protest may, perhaps, still be necessary. PART V. SUPPLEMENTARY. 90. A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly ; whether it is done negligently or not. 91. (i.) When, by this Act,... | |
| Henry Dunning Macleod - 1886 - 722 lehte
...date thereof is determined according to the law of the place where it is payable Supplementary 356'* A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not 366.* 1. Where, by this Act,... | |
| 1914 - 536 lehte
...rise to a claim for damages but not to a right to reject the goods and repudiate the contract. But " as regards Scotland a breach of warranty shall be...failure to perform a material part of the contract," thus making a warranty in Scotland a material part of a contract or a condition of it as elsewhere... | |
| 1895 - 640 lehte
...act makes this remarkable definition of what is meant by "good faith" in the preceding sentence : "Л thing is deemed to be done in good faith within the meaning of this act where it is in fact done honestly, whether it is done negligently or not." This, standing alone, would... | |
| John Barnard Byles - 1891 - 674 lehte
...is dishonoured, protest thereof is unnecessary. 45 it 4fi Viet. PART V. c ' 61 ' SUPPLEMENTARY. 00. A thing is deemed to be done in good faith, within the Good faith, meaning of this act, where it is in fact done honestly, whether it is done negligently... | |
| James Mackintosh - 1892 - 300 lehte
...of which gives rise to a claim for damages, but not to a right to treat the contract as repudiated. (2.) A thing is deemed to be done in 'good faith'...done honestly, whether it be done negligently or not. (3.) A person is deemed to be insolvent within the meaning of this Act who either has ceased to pay... | |
| John James MacLaren - 1892 - 646 lehte
...presumed to have advised his principal of it: ex parte Oriental Bank, LR 5 Ch. 858 (1870). Good faith.—A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not: section 89 ; see the notes... | |
| 1911 - 524 lehte
...question of fact. Section 62. (1) In this Act, unless the context or subject-matter otherwise requires—- As regards Scotland a breach of warranty shall be...failure to perform a material part of the contract. Proof was allowed and led. Its import appears from the judgment of Lord Mackenzie. On 15th October... | |
| Henry Dunning Macleod - 1893 - 684 lehte
...date thereof is determined according to the law of the place where it is payable Supplementary 355.* A thing is deemed to be done in good faith, within the meaning of this Act, where it is in fact done honestly, whether it is done negligently or not 356.* 1. Where, by this Act,... | |
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