Perishability - Law Dictionary Search Results
Home Dictionary Name: perishabilityPerishable
Liable to perish subject to decay destruction or death as perishable goods our perishable bodies...
Perished goods
Perished goods. 'Where there is a contract for the sale of specific goods and the goods without the knowledge of the seller have perished at the time when the contract is made, the contract is void,' and 'where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is thereby avoided.'-Sale of Goods Act, 1893, ss. 6, 7. See IMPOSSIBILITY....
Perishable goods
Perishable goods, goods which decay and lose their value if not consumed soon-as fish, fruit, and the like. By s. 48 (3) of the Sale of Goods Act, 1893, if on the sale of goods 'of a perishable nature' the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell and recover damages from the buyer; and by Ord. L., Rule 2, such goods, when the subject of an action, may, by order of the court or a judge be sold....
Perishability
Perishableness...
Perishableness
The quality or state of being perishable liability to decay or destruction...
Perishably
In a perishable degree or manner...
Perishment
The act of perishing...
Impossibility
Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
Inconsistent
Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both c...
common
common 1 a : of or relating to a community at large : public [ defense] b : known to the community [a thief] 2 : belonging to or shared by two or more persons or things or by all members of a group [when the insured and the beneficiary perish in a disaster] [ areas of the building] 3 : of or relating to common stock [ shares] n 1 pl cap : house of commons 2 : the legal right of taking a profit in another's land in common with the owner or others [the of estovers] [the of pasture] 3 : a piece of land subject to common use: as a : land jointly owned and used esp. for pasture b : a public open area in a municipality 4 : a condition of shared ownership : a condition in which a right is shared with an interest held by another person [held the estate in ] see also tenancy in common at tenancy compare severalty 5 : common stock at stock ...
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