Page:United States Statutes at Large Volume 76A.djvu/222

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–126–

-126§ 1357. Willful acts and negligence; contributory negligence Everyone is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except as far as the latter has willfully brought the injury upon himself. Want of ordinary care on the part of the injured person does not bar a recovery, but the damages shall be diminished by the court or jury in proportion to the want of ordinary care attributable to that person. The extent of liability in the cases covered by this section is defined by chapter 109 of this title, relating to compensatory relief. C H A P T E R 43—GENERAL PROVISIONS A F F E C T I N G C H A P T E R S 45 TO 105 Sec 1391. Waiver of provisions; intention of parties. § 1391. Waiver of provisions; intention of parties Except where it is otherwise declared, the provisions of chapters 40-106 of this title, with respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties^ when ascertained in the manner prescribed by chapter 35 o f this title, relating to the interpretation of contracts; and the benefit thereof may be waived by a party entitled thereto, unless the waiver would be against public policy. C H A P T E R 45—SALES O F GOODS BTmOHAPTEB I—THE CONTBAOT

Article A—Formation of the Contract Sec 1421. Contracts to sell and sales. 1422. Capacity; liability for necessaries. Article B—Formalities of the Contract 1423. Form of contract or sale. 1424. Statute of frauds. Article C—Subject Matter of Contract 1425. Existing and future goods. 1426. Undivided shares. 1427. Destruction of goods sold. 1428. Destruction of goods contracted to be sold. Article D—The Price 1429. Definition and ascertainment of price. 1430. Sale at a valuation. Article E—Conditions and WarrantieB 1431. Effect of conditions. 1432. Definition of express warranty. 1433. Implied warranties of title. 1434. Implied warranty in sale by description. 1435. Implied warranties of quality. Article F—Sale by Sample 1436. Implied warranties in sale by sample. , • *'

STTBCHAFTEB II—TBAITSFIS OF PBOPKETT AND TITIJi

Article A—Transfer of Property as Between Seller and Buyer 1441. No property passes until goods are ascertained. 1442. Property in specific goods passes when parties so intend. 1443. Rules for ascertaining intention. 1444. Reservation of right of possession or property when goods are shipped. 1445. Sale by auction. 1446. Risk of loss.