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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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(p.305) 12 Sale
A History of Private Law in Scotland: Volume 2: Obligations


Oxford University Press

This chapter does not intend to cover every aspect of the development of the contract of sale in Scots law. It instead focuses on the constitution of the contract, specifically in the early law; risk; the seller’s liability for defects in the object of sale; and warrandice against eviction. It examines the Sale of Goods Act of 1893 which brought Scots law into conformity with English law. It also examines the end of the 19th century wherein land dealings were prevalent and wherein the main lines of the doctrine of sales although seemingly settled remained embattled by doubts and uncertainties.

Keywords:   contract of sale, contract, risk, liability, sale, eviction

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