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|This book provides a systematic analysis of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation.
With particular clarity of expression the work covers fully content, interpretation, and performance issues relating to sale of goods agreements. Aspects of consumer law are dealt with where relevant as are issues such as recoverability of damages, currency and interest.
Since the last edition there has been a substantial flow of new case law which include the following selected group: Yearworth (on body fluids); Gammasonics (software); VFS Financial Services and Welcome Financial Services (on Part III of the Hire Purchase Act); Great Elephant (on a seller's s 12 liability); Force India Formula One (s.12 and recovery of money on a failure of consideration); The Mercini Lady (on risk and durability); damages decisions in the wake of The Achilleas; Kulkarni and Wincanton (on the passing of property); Samarenko (on making time of the essence); Brewer (description); McDonald (on examination and satisfactory quality); Lowe (Part 5A of the Sale of Goods Act); case law under the Consumer Protection from Unfair Trading Regulations 2008. All of these, and others, are given full treatment in this new edition. There is also a full treatment of the 2008 regulations on cancellation of contracts.
The second edition also includes extended analysis of proprietary rights in bulk goods, and of fitness and quality of goods in relation to compliance with public standards. The material on consumer protection measures has been expanded in relation to liabilities of the seller and third parties. Additional material also deals with changes to the Consumer Credit Act 1974, the definition of exclusion clauses, Part III of the Hire Purchase Act 1964, time of the essence, concurrent contractual duties and suspension, waiver and election, description and general contract law, and misrepresentation and insolvency.
This book provides detailed and clear treatment of problem areas and offers new lines of argument and ideas to those interpreting the law and presenting a case. This is a leading work of scholarship and an invaluable reference for all lawyers and scholars working in the field.
1: Introduction and Conclusion of the Contract
2: Definition and Subject Matter of the Sale of Goods Contract
3: The Passing of Property
4: Risk, Mistake and Frustration
5: Termination of the Contract for Breach
6: Delivery, Acceptance, and Payment
7: The Implied Terms of Description, Fitness, and Quality
8: Statements, Liability of Remote Sellers, and Exclusion Clauses
9: The Seller's Duty and Power to Transfer Title
10: The Remedies of the Seller and the Buyer