The Sale of GoodsThis book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts:* formation and definitions* passing of property and risk* mistake and frustration* contents of the contract and implied terms* delivery and payment* termination for breach* exclusion clauses* remedies and transfer of title.Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, butexport sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource forstudents of commercial law as well as academics and practitioners working in the area. |
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Table of Cases | xxx |
Harper Co Ltd v Mackechnie Co 1925 2 KB 423 233234 | lxxi |
Table of Statutes | lxxxix |
Table of International Instruments | civ |
Definition and Subject Matter of the Sale of Goods | 21 |
Pound v M W Hardy Co Inc 1956 AC 588 206249250 | 34 |
THE CONTRACT OF SALE AND RELATED TRANSACTIONS INVOLVING GOODS | 45 |
Abbey National Building Society v Cann 1991 1 AC 56 106 | 56 |
SATISFACTORY QUALITY | 290 |
Statements Liability of Remote Sellers and Exclusion | 351 |
Lapin 1934 AC 491 426 | 360 |
The Consumer Protection Act 1987 | 380 |
The Sellers Duty and Power to Transfer Title | 388 |
THE NEMO DAT RULE AND ITS EXCEPTIONS | 409 |
Mercantile agency | 432 |
The seller in possession | 450 |
Gift | 57 |
Sale or return and sale on approval | 69 |
Overcoming section 16 | 77 |
Unconditional appropriation | 90 |
RESERVING THE RIGHT OF DISPOSAL | 98 |
Risk Mistake and Frustration | 111 |
FRUSTRATION | 131 |
MISTAKE | 142 |
sale | 148 |
THE BUYERS RIGHTS OF EXAMINATION AND REJECTION | 162 |
Abbot Co v Wolsey 1895 2 QB 97 | 169 |
INNOCENT MISREPRESENTATION AND RESCISSION | 186 |
CURE AND TERMINATION | 197 |
The sellers documentary delivery obligations | 230 |
The Implied Terms of Description Fitness and Quality | 272 |
Hannay 1956 19 WWR 453 | 282 |
Other Powers of Sale | 484 |
The right of stoppage in transitu | 498 |
The right of resale | 507 |
Academy of Health and Fitness Pty Ltd v Power 1973 VR 254 190 | 508 |
ENFORCING THE PRIMARY OBLIGATIONS OF THE PARTIES | 515 |
Specific relief | 531 |
Morrice 1849 8 CB 449 68 | 534 |
COMMON ISSUES | 538 |
Gramophone Co 1909 AC 488 | 541 |
Measuring losses according to the market | 560 |
Special and consequential damages | 571 |
Blake 1887 19 QBD 478 93 | 573 |
Breach of warranty by the seller | 591 |
599 | |
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1WLR acceptance action agreement apply appropriation attornment bailee bailment Bank bill of lading Bros bulk buyer buyer's right cargo carrier claim clause common law condition consumer contract of sale Corpn damages dealing defective delivered delivery DLR 3d documents duty equitable Factors Act Goldcorp held hire purchase House of Lords Ibid implied terms Incoterms insolvency instalment liability lien Lloyd's Rep London Lord loss Ltdv M. G. Bridge ment mercantile agent merchantable quality misrepresentation Misrepresentation Act 1967 Motors obligation owner P. S. Atiyah passing of property payment plaintiff possession provision purpose reasonable repudiation resale rescission right to reject risk rule sales law section 35 sell seller ship shipment sold Sons statutory sub-buyer supply tender termination text accompanying nn tion tract trade transaction transfer treated unascertained warranty