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, but export 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 for students of commercial law as well as academics and practitioners working in the area. |
From inside the book
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Page vii
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Page xi
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Page xii
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Page xiii
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Page xiv
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Contents
Table of Cases | xxix |
Table of Statutes | lxxxix |
Table of International Instruments | civ |
CONCLUSION OF THE CONTRACT | 10 |
Definition and Subject Matter of the Sale of Goods | 21 |
General and special property | 43 |
Gift | 57 |
Sale or return and sale on approval | 69 |
The Implied Terms of Description Fitness and Quality | 272 |
SATISFACTORY QUALITY | 290 |
Statements Liability of Remote Sellers and Exclusion | 351 |
UNFAIR CONTRACT TERMS | 382 |
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 |
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 |
CURE AND TERMINATION | 197 |
The sellers documentary delivery obligations | 230 |
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Common terms and phrases
acceptance action agreement anticipatory repudiation apply attornment bailee Bank bill of lading Bros bulk buyer cargo carrier claim clause common law condition consumer contract of sale Corpn damages dealer dealing defective delivered delivery DLR 3d documents of title duty entitled equitable estoppel Factors Act Finance Ltd held hire purchase House of Lords Ibid implied terms Incoterms insolvency instalments liability lien Lloyd's Rep London Lord loss M. G. Bridge manufacturer ment mercantile agent merchantable quality misrepresentation Motors negligence NZLR obligation owner passing of property payment plaintiff possession provision purpose reasonable rejection repudiation resale rescission risk rogue rule section 24 sell seller ship shipment sold statutory sub-buyer supply tender termination text accompanying nn third party tion tort tract trade transaction transfer treated unascertained warranty