| 单词 | price |
| 释义 | price price in the law of sale, a money consideration that is called the price. In a contract of sale of goods, the price may be fixed by the contract or may be left to be fixed in a manner agreed by the contract or it may be determined by the course of dealing of the parties. Failing any of the foregoing, the buyer must pay a reasonable price. What constitutes a reasonable price is a question of fact dependent on the circumstances of each particular case: see May & Butcher v. Rex [1934] 2 KB 17 and, in Scotland, R. and J. Dempster Ltd v. Motherwell Bridge and Engineering Co. Ltd 1964 SLT 353. The price may be left to the decision of arbiters, may be fixed by some public standard or may be left to the decision of one of the parties. Where there is an agreement to sell at valuation by a third party and he cannot or does not make a valuation, the agreement is avoided; but if the goods or any part of them have been delivered and appropriated by the buyer, he must pay a reasonable price for them. Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party at fault. Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. Various statutes relating to competition or con- sumer protection affect the price at which goods can be sold or advertised. |
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