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Coutts v Jacobs : ウィキペディア英語版 | Coutts v Jacobs ''Coutts v Jacobs''〔1927 EDL 120.〕 is an important case in South African contract law, with especial resonance for trade usage in the area of implied terms. == Facts == Coutts sent wool for sale to Jacobs, brokers of East London in the Eastern Cape, with the request that they should "do the best for me." Jacobs sold odd bales, but eventually Coutts caused the remainder of the wool to be removed from Jacobs and handed to other brokers for sale, paying a sum claimed by Jacobs as brokerage on the unsold portion subject to Coutts's right to recover same. Jacobs claimed the brokerage in virtue of a custom or trade usage, whereby, if wool is removed from one broker to another by the owner, the first broker is entitled to a charge on the transfer equal to the amount of commission which would be earned on the price offered or reserved. It was shown that the custom had been observed in East London and other ports for many years, but that recently one broker had not made the charge for eighteen months. It was not shown, however, that plaintiff knew of the custom.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Coutts v Jacobs」の詳細全文を読む
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