Emptor - Law Dictionary Search Results
Home Dictionary Name: emptorCaveat emptor
Caveat emptor. Hob. 99.--(Let the purchaser beware.)The rule of 'caveat emptor' as to purchase of goods and animals with its existing modifications was thrown into statutory shape by s. 14 of the (English) Sale of Goods Act, 1893, by which 'subject to the provision of this Act and of any statute in that behalf' (as e.g., the (English) Fertilisers and Feeding Stuffs Act, 1926 (16 & 17 Geo. 5, c. 45), s. 1), 'there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale,' except (1) on a purchase in reliance on the seller's skill; or (2) on a purchase by description from a seller who deals in goods of that description, in which case there is an implied warranty that the goods shall be of merchantable quality; or (3) by usage of trade.As to the implied condition of the right of a seller to sell the goods, see s. 12, ibid....
Emptor
Emptor, a buyer. See CAVEAT EMPTOR....
caveat emptor
caveat emptor [New Latin, may the buyer beware] : a principle in commercial transactions: without a warranty the buyer takes the risk as to the condition of the property or goods compare products liability at liability, warranty ...
Quia Emptores, Statute of
Quia Emptores, Statute of (18 Edw. 1, st. 1, c. 1), A.D. 1290, West. The Third. It is entitled in the Parliament-roll, from the subject of it, statutum regis de terris vendendis et emendis. Prior to this statute any person might, by a grant of land, have created a tenure as of his person; but if no such tenure were reserved, the feoffee held of the feoffor by the same services by which the feoffor held of his superior lord. The consequence was, that all the fruits of tenure fell into the hands of the feoffors or mesne lords, to the prejudice of the superior lords of the fee; for remedy whereof it was by this statute enacted; 'That thenceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part of them, so that the feoffee shall hold the same lands or tenements of the chief lord of the same fee, by such service and customs as his feoffor held before.'-2 Inst. 500; 2 Reeves, c. 11, p. 223....
Quit rent
Quit rent (quietus redditus), a rent payable to the lord by a freeholder or ancient copyholder of a manor, so called because thereby the tenant goes quit and free of all other services, 2 Bl. Com. 42. As no manor has been created since the statute Quia Emptores (see MANOR; QUIA EMPTORES), every quit rent must have become first payable at a date prior to that statute.A quit rent may be 'redeemed' by the owner of the land subject thereto, under s. 45 of the Con-veyancing Act, 1881, reproduced by the Law of Property Act, 1925, s. 191. Also to the remedies for non-payment, see s. 121 and ibid.Means a payment to a feudal lord by a freeholder or copyholder, so called because upon payment the tenant goes 'quit and free' (discharged) of all other services, Black's Law Dictionary, 7th Edn., p. 1262....
Westminster the Third, Statute of
Westminster the Third, Statute of (18 Edw. 1, st. 1, AD 1290); otherwise called the Statute Quia emptores terrarum. See QUIA EMPTORES, STATUTE OF....
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
Appurtenances
Appurtenances, belonging to another thing, as hamlets to a manor, and common of pasture, turbary, etc.; liberties and services, outhouses, yards orchards, and gardens are appurtenant to a messuage, but lands cannot properly be said to be appurtenant to a messuage, Com. Dig., tit. 'Appendant and Appurtenant.' The word 'appurtenances' will be construed strictly [Re Peck, (1893) 2 Ch 315], but it has a secondary meaning equivalent to 'usually occupied with'; see Roe v. Siddons, (1888) 22 QBD 236, per Fry. (LJ).A right of common 'appurtenant' must be the subject of a grant, express or implied by prescription; 'appendant,' is a right by common law incident to certain grants made before the Statute 'Quia Emptores' 1290 (18 Edw. 1, c. 1).The right to compensation upon extinguishment of manorial incidents is a right appertaining to a manor; (English) L. P. Act, 1925, s. 52, replacing and extending the Conveyancing Act, 1881, s. 6....
Buyer
Buyer [fr. bycgan, bohte, A. S.; bygge, O. E.; to purchase for money] a purchaser. See CAVEAT EMPTOR.Means a person who buys or agrees to buy goods. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (1)]Means whoever buys any goods or receives any services from a supplier for consideration. [Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (32 of 1993), s. 2 (c)]--'Buyer' would mean where a person by virtue of the payment gets a right to receive specific goods and not where he is merely allowed/permitted to carry on business in that trade, Union of India v. Om Prakash S. S. and Co., AIR 2001 SC 1202: (2001) 3 SCC 593. [Income-tax Act (43 of 1961), s. 206(c)] Means any generating company or licensee or consumer whose system receives electricity from the system of generating company or licensee, Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006, Reg. 2(h).Means whoever buys any goods or receives any services from a ...
Contract for sale of land
Contract for sale of land. The incidents of a contract for sale of land re regulated partly by statute and partly by the practice of conveyancers. A contract for sale of land must be in writing, (English) L.P. Act, 1925, s. 40. See FRAUDS, STATUTE OF. If the contract is a simple, unconditional, or open contract for sale of land, it is implied that the vendor is to make a good title to the land for an estate in fee simple free from incumbrances, Hughes v. Parker, 8 M & W 344. He is under an obligation to show a good title (in ordinary circumstances for the thirty years preceding the date of contract, see ABSTRACT), and to prove that title by sufficient evidence. the expenses of showing the title, i.e., the abstract, falls on the vendor and so also the expenses of production of material documents in his possession or in that of his trustees an mortgagees. The expenses of production for verification of those which are not in such possession are to be borne by the purchaser, (English) L.P....
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