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listing 1 : an arrangement, agreement, or contract for the marketing of real property through one or more real estate agents usually for a specific period called also listing agreement exclusive agency listing : a listing under which only one agent may sell the property but without the right to a commission if the owner sells it directly NOTE: An agent is usually still entitled to a commission if the owner sells directly to a buyer who was introduced into the process by the agent, even if the sale occurs after the agreement expires. exclusive right to sell listing : a listing under which only one agent may sell the property and is entitled to a commission if the owner sells it directly to any party multiple listing : an agreement or arrangement under which real property is marketed through a service or association composed of several agents with a commission from the sale of a property shared between the selling agent and the agent that initiates the listing of it net listing ...
palm off
palm off : to sell or attempt to sell (a product) by inducing buyers to believe that one's product is actually the product of another ;specif : to attempt to sell (a product) under another's trademark or trade name ...
Apothecaries
Apothecaries [fr. apothicaire, Fr., fr. apoqnkn, Gk.], persons who combine the giving of medical advice with the supply of medicines prepared by themselves. Their practice in England and Wales is mainly regulated by the (English) Apothecaries Act, 1815 (55 Geo. 3, c. 194) (which recites and partly repeals but otherwise confirms the charter of James the First to the Apothecaries Company), and the (English) Apothecaries Amendment Act, 1874, (37 & 38 Vict. c. 34). To 'act or practise as an apothecary' without a certificate which under the earlier Act is an offence ,indicates an habitual or continuous course of conduct, and consequently an offender is only liable to one penalty though several persons may have been attended to, Apothecaries Co. v. Jones, (1893) 1 QB 89. An apothecary, as such, may sell drugs prescribed by another as well as drugs prescribed by himself; a chemist may not prescribe but only sell drugs: a medical practitioner, as such, may only sell drugs prescribed by himself...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Factor
Factor [fr. facteur, Fr.], a substitute in mercantile affairs; an agent employed to sell goods or merchandise consigned or delivered to him by or for his principal, for a compensation commonly called factorage or commission. Hence he is often called a commission-merchant or consignee; and the goods received by him for sale are called a consignment. He is a home factor when he resides in the same state or country with his principal, and a foreign factor when he resides in a different state or country. He differs from a broker in this, and he may buy and sell in his own name, and is entrusted with the possession and disposal of the goods, and has a special property in, and a lien on, them; yet neither can delegate his authority, unless conferred by usages of trade or the assent of his principal. Factors have no incidental authority to barter goods, or to pledge them for advances made to them on their own account, or debts due by themselves; but they may pledge them for advances made on a...
Wholesale dealer
Wholesale dealer, is a person who keeps for wholesale to traders a commodity for the purpose of trade, Manoharbhai v. Emperor, AIR 1946 Nag 248: 1945 ILR Nag 422: 1946 Mad LJ 319.Means a person who buys or sells excisable goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent who, in addition to making contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others as an agent for the purpose of sale. [Central Excise Act, 1944 (10 of 1944), s. 2(k)]One who sells goods in gross to retail dealers rather than selling in smaller quantities directly to consumers, Black's Law Dictionary, 7th Edn., p. 1591.Means a trader who has stock of grains in bags and without breaking the bags sells to retail dealers, V. Sesha Prabhu v. Emperor, AIR 1921 Mad 713....
Retailer
Retailer, in relation to the sale of any goods, includes every person, other than a wholesaler, who sells the goods to any other person; and in respect of the sale of goods by a wholesaler, to any person for any purpose other than re-sale, includes that wholesaler. [Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (p)]A person or entity engaged in the business of selling personal property to public or to consumers, as opposed to selling to those who intend to resell the claims, Black's Law Dictionary, 7th Edn., p. 1317...
Jobber
Jobber, means (1) One who buys from a manufacturer and sells to a retailer; a wholesaler or middleman. (2) A middleman in the exchange of securities among brokers. Also termed stock jobber; stock-jobber. (3) One who works by the job; a contractor, Black's Law Dictionary, 7th Edn., p. 840.Jobber, one who buys or sells for a speedy profit by re-sale or re-purchase; on the Stock Exchange, a dealer in stocks and shares, dealers 'constituting one of the two classes of members of whom the House consists, transacting business with dealers or brokers only; the other class being brokers who act as buying or selling agents for and deal with the public. See STOCK EXCHANGE....
Hawkers and pedlars
Hawkers and pedlars, persons who carry their goods from place to place for sale. In 1810 (50 Geo. 3, c. 41), imposed a licence duty on them and made various provisions in regard to their trade. After many amending Acts (see, e.g., 52 Geo. 3, c. 108, 26 & 27 Vict. c. 18, Sched. B, 22 & 23 Vict. c. 36) the (English) Hawkers Act, 1888 (51 & 52 Vict. c. 33), has regulated the business of hawkers, defining, for the purposes of the Act, a hawker as a person who travels about selling or exposing samples with a horse or other beast bearing or drawing burden, the Pedlars Act, 1871 (34 & 35 Vict. c. 96), for regulating the business of peddlers, having already defined a peddler for the purposes of that Act as a person traveling about selling or procuring orders for goods or selling his skill in handicraft, without a horse, etc. see Woolwich Local Board v. Gardiner, (1895) 2 QB 497.A hawker's licence costs 2l. a year, and except by way of renewal of a licence for the year immediately preceding, is...
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