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" (2.) The rules of common law including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to bills of exchange, promissory notes, and cheques. (3.) Nothing in this Act or in any repeal... "
The Public General Statutes: With a List of the Local and Private Acts ... - Seite 405
von Great Britain - 1882
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The Law Reports. Queen's Bench Division, Band 1

1895 - 1032 Seiten
...expect to find it in the Bills of Exchange Act, 1882. I am aware that s. 97 of that Act provides that " the rules of common law, including the law merchant,...to bills of exchange, promissory notes, and cheques "; but that provision cannot, in my judgment, refer to so far-reaching a principle as that it is the...
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The Law Reports. Queen's Bench Division, Band 2

1912 - 690 Seiten
...1906, and the application to it of s. 91, sub-s. 2. The latter section provides that " the rules of the common law including the law merchant, save in so...provisions of this Act, shall continue to apply to contracts of marine insurance." In Bank of England v. Vagliano (1) Lord Herschell, in dealing with...
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The Law Reports. Queen's Bench Division, Band 2

1904 - 1000 Seiten
...(s. 97, sub-s. 2) providing that" the rules of common law, including the law merchant, save as in so far as they are inconsistent with the express provisions...bills of exchange, promissory notes, and cheques." Therefore, even if s. 72, sub-s. 2, does not govern the present case, I think the general principle...
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The Law Reports. Queen's Bench Division, Band 2

1916 - 978 Seiten
...Stoppage in transitu is dealt with in the statute by ss. 44 to 48. By s. 61, sub-s. 2, the rules of the common law, including the law merchant, save in so...they are inconsistent with the express provisions of the Act, continue to be applicable to contracts for the sale of goods. By s. 48, sub-s. 1, it is provided...
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The Law Reports. Queen's Bench Division, Band 2

1915 - 924 Seiten
...an Act to codify the law relating to Marine Insurance," but by s. 91, sub-s. 2, " The rules of the common law, including the law merchant, save in so...they are inconsistent with the express provisions (1)3 Bing. N. 0. per Lord Abinger (2) 9 East, 283. at p. 278. (3) 2 M. & S. 240. c. A. of this Act,...
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The Law Reports. Queen's Bench Division, Band 2

1919 - 912 Seiten
...partial loss was recoverable from them. The code of 1906, however, by s. 91, sub-s. 2, preserves the common law including the law merchant save in so far as they are inconsistent with its express provisions, and as the code is silent as to what is to happen where the partial loss...
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The Law Reports. Queen's Bench Division, Band 1

1876 - 988 Seiten
...of the Act, the rules of the common law are to continue to apply to contracts for the sale of goods, save in so far as they are inconsistent with the express provisions of the Act. It is not necessary to have recourse to this enactment, or to consider what the rights of...
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Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

W. D. Thorburn - 1882 - 316 Seiten
...provisions of the statutes, relating to these documents, which are repealed by it. The rules of the common law, including the law merchant, save in so...they are inconsistent with the express provisions of the Act, continue in force, and will be applied in the determination of questions relating to bills...
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The New Zealand Law Reports, Band 20

1902 - 854 Seiten
...It is entitled " An Act to " codify the Law relating to the Sale of Goods." It says the rules of the common law, including the law merchant, save in so...inconsistent with the express provisions of this Act, and in particular the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation,...
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The Bills of Exchange Act, 1882: (45 & 46 Vict. C. 61). With Explanatory ...

Aviet Agabeg, William Frederick Barry - 1884 - 286 Seiten
...anything in this Act savings, contained (2). (2.) The rules of Common Law, including the lawmerchant, save in so far as they are inconsistent with the express...(a) The provisions of the Stamp Act, 1870, or Acts 33 & 34 Viet, amending it, or any law or enactment for the time being in force relating to the revenue...
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