The Legal Order by Åke Frändberg

Author:Åke Frändberg
Language: eng
Format: epub
ISBN: 9783319788586
Publisher: Springer International Publishing

(r″)

If the same goods are sold to two different buyers and the second buyer has got possession of the goods in good faith, the second buyer shall keep it [= the first buyer may not keep it].

Of these rules, r′ is a precisation of r by the addition of the requisite “the second buyer has not got possession of the goods in good faith” and r″ is a reduction of r by the addition of the requisite “the second buyer has got possession of the goods in good faith”.

Another example of reductive addition of a requisite to a statutory provision is “the dog case” (see Sect. 8.​3 above). The rule of application reads (the requisite in italics is added to the statutory provision):(r′)

If a dog which is used in the Lapps’ reindeer keeping is found while chasing or otherwise molesting reindeer, being in an area where reindeer at the time may be sent out to pasture, the dog may not be killed.

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