Full Description
English law of sale of goods is an important area of commercial law, occupying a central place in the UK law schools curricula as well as in legal practice. Now in its fifth edition, The Sale of Goods offers a systematic and rigorous study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and, although of diminishing importance, EU legislation.
Fully updated with the most recent case law, this book examines the relationship between statute (the Sale of Goods Act 1979) and the underlying common law, as well as the connection between contract and property law. The passing of property from seller to buyer is discussed, alongside mistake, frustration, and risk.
Performance issues, including delivery and payment, are addressed in depth, as are the implied terms of description, satisfactory quality, and fitness for purpose. Breach and termination are explored through the lens of conditions, warranties, innominate terms, and repudiation, with detailed discussion of the buyer's right to reject goods and its loss through acceptance. Misrepresentation and exclusion clauses also come in for detailed discussion.
The book concludes with a comprehensive treatment of remedies, including the seller's real rights over goods in cases of non-payment, actions for debt and specific performance, and damages for non-acceptance, non-delivery, late delivery, and the delivery of non-conforming goods.
Significant important cases include: damages; contractual certainty; specific performance; cryptoassets and coins; gambling chips; cancellation clauses; conditions precedent; passing of property; insurable interest; frustration; change of position; right to sell; contract quantity; waiver; delivery; innominate terms; divisible contracts; deposits and advance payments; time of essence; fitness for purpose; description; fraud; misrepresentation; express warranty; consumer safety; exclusion clauses; affirmation; termination; repudiation; rejection; interest; failure of consideration; market damages; mitigation of damages.
Statutory developments include: Digital, Markets, Competition and Consumers Act 2024; Electronic Documents Act 2023; and post-Brexit modification of EU-inspired legislation.
Contents
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: The Seller's Duty and Power to Transfer Title
6: Delivery, Acceptance, and Payment
7: The Implied Terms of Description, Fitness, and Quality
8: Other Liabilities of the Seller and Liabilities of Third Parties
9: Unfair Contract Terms
10: Termination of the Contract for Breach
11: The Remedies of the Seller and the Buyer I
12: The Remedies of the Seller and the Buyer II
