The Government Class Book - Part 50
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Part 50

--12. To what kind of contracts does the rule that a consideration is necessary apply? Why not to those under seal?

--13. What is declared by the English statute of frauds? What do some states further require?

Chapter LV.

--1. What is a sale? What general principles apply to contracts of sale?

--2. What if a man contracts to sell what has no existence? Give an example.

--3. Can he sell what may have a future existence? Give examples.

--4. What is said about _price_, as essential to a sale?

--5. What about the mutual consent of parties?

--6. What is to be done if the goods are not immediately delivered? Below what price is this unnecessary? What is the sum fixed in this state?

--7. What is said about delivery to complete a contract?

--8. When does the buyer acquire the right of property? When the right of possession?

--9. In case the goods are sold on credit, when has the buyer a right to them? In what case has he not?

--10. What is said about the warranty of t.i.tle?

--11. In regard to quality, what?

--12. To what cases does not this rule apply? Is a seller bound to disclose hidden defects?

--13. What is the general rule?

Chapter LVI.

--1. For what purposes are fraudulent sales made?

--2. What is here stated to be a common law rule? Upon what question do the courts differ?

--3. What distinction has been made between conditional and unconditional bills of sale and a.s.signments?

--4. In different states, what different rules prevail?

--5. How does the strict rule sometimes operate to the injury of honest debtors?

--6. How has this question been settled in some states? What are these instruments of conveyance called? Must they be recorded in this state?

--7. In what case, when there is a judgment against the seller, would a sale of personal property be fraudulent?

--8. How are a.s.signments made for the benefit of creditors? May such a.s.signor prefer any of his creditors?

--9. If he agrees to pay all a certain share, and then privately prefers some, what is the effect?

--10. In what cases are gifts valid against creditors?

Chapter LVII.

--1. Define bailment.

--2. For what is a bailee without reward responsible? What is a depositary?

--3. A mandatary? For what is he responsible?

--4. For what is a borrower liable? How is he restricted in the use of the article?

--5. In the case of property pledged as security for debt, what are the liabilities?

--6. What in case of a hired article?

--7. What if work or care is to be bestowed upon a thing delivered?

--8. The liability of innkeepers?

--9. Of persons carrying goods for hire in a particular case?

--10. What is a common carrier? To what extent is he liable?

--11. What are his rights and obligations as to receiving and carrying goods?

--12. What are the liabilities of proprietors of stage coaches as to pa.s.sengers? What as to the carrying of goods and the baggage of pa.s.sengers?

Chapter LVIII.

--1. Define agent, princ.i.p.al, factor. What is a factor sometimes called?

--2. How is a factor secured for money advanced on property?

--3. What is this right to hold property called? How is he restricted?