BOOK
Atiyah and Adams' Sale of Goods
Rick Canavan | Christian Twigg-Flesner | Hector MacQueen
(2016)
Additional Information
Book Details
Abstract
Atiyah and Adams’ Sale of Goods is the definitive guide to this important aspect of commercial law. Combining a highly readable and comprehensive account of the law governing the sale of goods, it is essential reading for undergraduate and postgraduate students and a valuable point of first reference for practitioners of commercial law.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Dedication | v | ||
| Contents in brief | vi | ||
| Contents | viii | ||
| Preface to the Thirteenth Edition | xiii | ||
| Acknowledgements | xv | ||
| Table of statutes | xvi | ||
| Table of cases | xxviii | ||
| Table of statutory instruments | lv | ||
| Part I Nature and formation of the contract of sale | 1 | ||
| 1 Sources of the law of sale of goods | 3 | ||
| The Sale of Goods Act 1979 | 3 | ||
| 2 The contract of sale | 8 | ||
| Definition | 8 | ||
| Sale distinguished from other contracts | 8 | ||
| Number of parties | 30 | ||
| The price | 31 | ||
| Conveyancing effect of the contract | 35 | ||
| Formation of the contract | 36 | ||
| Mistake in the offer of acceptance | 39 | ||
| Doorstep selling | 48 | ||
| Formalities | 48 | ||
| 3 Subject-matter of the contract | 52 | ||
| Meaning of ‘goods’ | 52 | ||
| Different types of goods | 59 | ||
| 4 The types of obligation created | 62 | ||
| Fundamental terms | 62 | ||
| Innominate terms | 66 | ||
| Warranties | 72 | ||
| Representations | 72 | ||
| Scots law | 74 | ||
| Part II The duties of the seller | 75 | ||
| 5 The existence of the goods and the duty to pass a good title | 77 | ||
| No implied condition that the goods exist | 77 | ||
| The seller’s right to sell the goods | 85 | ||
| Warranty of freedom from encumbrances and of quiet possession | 93 | ||
| 6 The duty to deliver the goods | 97 | ||
| The duty to deliver | 97 | ||
| Payment and delivery concurrent conditions | 99 | ||
| The meaning of delivery | 103 | ||
| 7 The duty to supply the goods at the right time | 106 | ||
| The time of delivery | 106 | ||
| Waiver of conditions as to delivery time | 108 | ||
| 8 The duty to supply goods in the right quantity | 113 | ||
| Delivery of the right quantity | 113 | ||
| 9 The duty to supply goods of the right quality | 119 | ||
| From caveat emptor to caveat venditor | 119 | ||
| 1 Express terms | 122 | ||
| 2 Implied terms that the goods must correspond with their description | 123 | ||
| 3 Implied terms that the goods are of satisfactory quality | 136 | ||
| 4 Implied terms that the goods are fit for a particular purpose | 173 | ||
| 5 Implied terms in sales by sample | 187 | ||
| 6 Implied terms annexed by trade usage | 189 | ||
| 7 O ther implied terms | 190 | ||
| 8 Mistake as to quality | 190 | ||
| 9 Reform of the English privity doctrine | 195 | ||
| 10 Exclusion of seller’s liability | 198 | ||
| Exemption clauses | 198 | ||
| Construction of exemption clauses | 202 | ||
| Fundamental breach | 207 | ||
| The Unfair Contract Terms Act 1977 | 208 | ||
| Part III The duties of the buyer | 229 | ||
| 11 The duty to pay the price | 231 | ||
| Payment of the price | 231 | ||
| 12 The duty to take delivery | 236 | ||
| Part IV The effects of the contract | 239 | ||
| 13 The transfer of property | 241 | ||
| The meaning of ‘property’ | 241 | ||
| The passing of property: I Specific goods | 247 | ||
| The passing of property: II Unascertained goods | 259 | ||
| 14 Risk and frustration | 279 | ||
| Risk and frustration distinguished | 279 | ||
| Transfer of risk | 279 | ||
| Special provisions in relation to non-consumer sales | 285 | ||
| Frustration | 285 | ||
| Effects of frustration | 290 | ||
| 15 Transfer of title by a non-owner | 297 | ||
| Nemo dat quod non habet | 297 | ||
| Estoppel | 300 | ||
| Sale by agent | 309 | ||
| Section 2 of the Factors Act 1889 | 311 | ||
| Special powers of sale | 317 | ||
| Sale in market overt | 318 | ||
| Sale under a voidable title | 319 | ||
| Seller in possession | 320 | ||
| Buyer in possession | 325 | ||
| Part III of the Hire Purchase Act 1964 | 336 | ||
| Writs of execution | 339 | ||
| Proposals for reform | 340 | ||
| Part V Export sales | 343 | ||
| 16 Export sales | 345 | ||
| Ex-works or ex-store contracts | 346 | ||
| F.o.b. contracts | 346 | ||
| C.i.f. contracts | 352 | ||
| Ex-ship contracts | 359 | ||
| Export and import licences | 360 | ||
| Whose duty? | 360 | ||
| Whether duty absolute or to use best endeavours | 362 | ||
| Bankers’ commercial credits | 364 | ||
| 17 International Convention on Sales of Goods (‘CISG’) | 371 | ||
| Introduction | 371 | ||
| International Convention | 371 | ||
| Part VI The remedies of the seller | 383 | ||
| 18 Real remedies | 385 | ||
| Seller’s rights and powers against the goods | 385 | ||
| Unpaid seller’s lien | 388 | ||
| Unpaid seller’s right of stoppage in transit | 395 | ||
| Unpaid seller’s right of resale | 401 | ||
| Reservation of title clauses | 406 | ||
| 19 Personal remedies | 417 | ||
| Action for the price | 417 | ||
| Action for damages | 423 | ||
| Part VII The remedies of the buyer | 433 | ||
| 20 Rejection of the goods, rescission and specific performance | 435 | ||
| Buyer’s right to reject the goods | 435 | ||
| Loss of the right to reject | 443 | ||
| Relationship with rescission of the contract for an actionable misrepresentation | 461 | ||
| Specific performance or implement | 465 | ||
| 21 Action for damages | 468 | ||
| Damages for non-delivery | 468 | ||
| Damages for breach of condition or warranty | 475 | ||
| Damages in tort | 488 | ||
| Damages for misrepresentation | 489 | ||
| Remedies available to a buyer in breach | 490 | ||
| Part VIII Consumer sales | 495 | ||
| 22 Consumer sales contracts | 497 | ||
| From the Sale of Goods Act to the Consumer Rights Act | 497 | ||
| Key definitions and scope | 499 | ||
| Contracts for the supply of goods | 500 | ||
| Delivery of Goods | 512 | ||
| Passing of risk | 513 | ||
| Digital content | 514 | ||
| Exclusion of liability | 516 | ||
| Other rules applicable to consumer sales contracts | 519 | ||
| Pre-contractual information in on-premises contracts | 521 | ||
| Pre-contractual information for distance/off-premises contracts | 521 | ||
| Right of cancellation in off-premises and distance contracts | 524 | ||
| Consumer protection from unfair trading | 526 | ||
| Additional protection under s. 75 of the Consumer Credit Act 1974 | 528 | ||
| 23 Product liability | 531 | ||
| Product liability at common law | 531 | ||
| Product liability under the Consumer Protection Act 1987 | 539 | ||
| Non-contractual claims in respect of defects in the goods | 551 | ||
| 24 Manufacturers’ guarantees | 555 | ||
| Introduction: a word about the word ‘guarantee’ | 555 | ||
| Manufacturers’ guarantees | 555 | ||
| Extended warranties or guarantees | 558 | ||
| Index | 560 |