Additional Information
Book Details
Abstract
“The best introductory textbook on English Commercial and Consumer Law available in the market.” - Qi Zhou, University of Sheffield
“A modern and comprehensive compendium essential for any commercial law student.” - Dr Clare Chambers-Jones, Associate Professor UWE
Written by a team of leading specialists in this area, Commercial and Consumer Law 2nd edition is an essential guide to the legislation and case law relating to both domestic and international commercial transactions. Offering a scholarly, yet highly readable, account of key commercial and consumer law principles, it also highlights the commercial and socio-economic context underpinning the law in this area.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover\r | cover | ||
| Contents | vii | ||
| Guided tour | xii | ||
| Preface to the second edition | xv | ||
| Contributors | xvi | ||
| Table of cases | xvii | ||
| Table of statutes | xlv | ||
| 1 What is commercial law? | 1 | ||
| Chapter outline | 1 | ||
| 1.1 What is commercial law? | 1 | ||
| 2 Aspects of property, security and guarantees | 5 | ||
| Chapter outline | 5 | ||
| 2.1 Aspects of property | 5 | ||
| 2.2 Possessory security | 9 | ||
| 2.3 Non-possessory security | 12 | ||
| 2.4 Contracts of guarantee | 25 | ||
| Further reading | 50 | ||
| 3 Agency | 52 | ||
| Chapter outline | 52 | ||
| 3.1 Introduction | 52 | ||
| 3.2 Theories | 54 | ||
| 3.3 Types of authority | 57 | ||
| 3.4 Agency without actual agreement | 60 | ||
| 3.5 Ratification | 68 | ||
| 3.6 Agency relationships | 71 | ||
| 3.7 Limitations | 73 | ||
| 3.8 Election | 79 | ||
| 3.9 Merger | 80 | ||
| 3.10 Agent and the third party | 80 | ||
| 3.11 The principal and the agent – duties of an agent | 83 | ||
| 3.12 Rights of the agent | 89 | ||
| 3.13 Termination of agency | 91 | ||
| 3.14 Commercial Agents (Council Directive) Regulations 1993 | 92 | ||
| Further reading | 98 | ||
| 4 Sale of goods | 99 | ||
| Chapter outline | 99 | ||
| 4.1 Introduction | 99 | ||
| 4.2 Types of transaction | 103 | ||
| 4.3 Meaning and types of goods | 112 | ||
| 4.4 Price | 116 | ||
| 4.5 Delivery and payment | 122 | ||
| 4.6 Ownership | 140 | ||
| 4.7 Non-existent goods, risk and frustration | 169 | ||
| 4.8 Defective goods | 181 | ||
| 4.9 Exemption and limitation clauses | 210 | ||
| 4.10 Remedies | 221 | ||
| Further reading | 240 | ||
| 5 International sale of goods | 241 | ||
| Chapter outline | 241 | ||
| 5.1 Introduction | 241 | ||
| 5.2 The matrix of contracts in international trade | 249 | ||
| 5.3 The international sale contract | 261 | ||
| 5.4 Standard form contracts and shipment terms | 267 | ||
| 5.5 CIF contracts | 275 | ||
| 5.6 FOB contracts | 284 | ||
| 5.7 Remedies | 289 | ||
| 5.8 Conclusion | 303 | ||
| Further reading | 305 | ||
| 6 Payment and payment instruments | 306 | ||
| Chapter outline | 306 | ||
| 6.1 Introduction | 306 | ||
| 6.2 Money | 315 | ||
| 6.3 Payment cards | 322 | ||
| 6.4 Funds transfers | 331 | ||
| 6.5 Regulation of payment services | 336 | ||
| 6.6 Negotiable instruments | 342 | ||
| 6.7 Bills of exchange | 346 | ||
| 6.8 Cheques | 369 | ||
| 6.9 Banker’s drafts, counter cheques and travellers cheques | 374 | ||
| 6.10 Trade finance | 376 | ||
| Further reading | 384 | ||
| 7 Consumer protection | 385 | ||
| Chapter outline | 385 | ||
| 7.1 How and why the law protects consumers | 385 | ||
| 7.2 Information and cancellation rights | 395 | ||
| 7.3 Performance Standards (1) – Implied terms as to goods | 403 | ||
| 7.4 Performance Standards (2) – Implied terms as to services | 421 | ||
| 7.5 Performance Standards (3) – Liability in tort for defective products | 432 | ||
| 7.6 Performance Standards (4) – General product safety and food safety in public law | 439 | ||
| 7.7 Unfair terms | 444 | ||
| 7.8 Preventive and criminal law regulation of unfair practices | 460 | ||
| 7.9 EU Regulation on a Common European Sales Law | 478 | ||
| Further reading | 478 | ||
| 8 Consumer credit law and regulation | 481 | ||
| Chapter outline | 481 | ||
| 8.1 Introduction | 482 | ||
| 8.2 Restructuring of the regulatory regime | 487 | ||
| 8.3 Industry self-regulation | 488 | ||
| 8.4 Some key definitions and features | 489 | ||
| 8.5 Reform of consumer credit law – the Consumer Credit Directive 2008/48/EC | 499 | ||
| 8.6 Consumer credit licensing | 503 | ||
| 8.7 Seeking business and making agreements | 513 | ||
| 8.8 Precontract disclosure | 524 | ||
| 8.9 Form and content of agreements | 527 | ||
| 8.10 Currency of the credit agreement | 536 | ||
| 8.11 Customer rights to end the agreement | 536 | ||
| 8.12 Creditor liability for dealer actions – connected lender liability | 544 | ||
| 8.13 Consumer default and protection | 552 | ||
| 8.14 Security agreements | 559 | ||
| 8.15 Negotiable instruments | 561 | ||
| 8.16 Land mortgages | 562 | ||
| 8.17 Enforcement of the Act | 562 | ||
| 8.18 Dispute resolution – role of the Financial Ombudsman Service | 566 | ||
| 8.19 Reform of law – EU Consumer Credit Directive and future changes | 569 | ||
| 8.20 Conclusion | 569 | ||
| Further reading | 570 | ||
| 9 Commercial mediation, conciliation and arbitration | 571 | ||
| Chapter outline | 571 | ||
| 9.1 Introduction to alternative dispute resolution | 571 | ||
| 9.2 Mediation and conciliation | 572 | ||
| 9.3 Arbitration | 576 | ||
| Further reading | 589 | ||
| 10 Commercial conflict of laws | 590 | ||
| Chapter outline | 590 | ||
| 10.1 Introduction | 590 | ||
| 10.2 Jurisdiction | 591 | ||
| 10.3 Choice of law | 632 | ||
| 10.4 Enforcement of foreign judgments | 649 | ||
| Further reading | 660 | ||
| 11 Insurance | 661 | ||
| Chapter outline | 661 | ||
| 11.1 Nature of insurance | 661 | ||
| 11.2 Types of insurance | 662 | ||
| 11.3 Insurable interest | 663 | ||
| 11.4 Formation | 664 | ||
| 11.5 Non-disclosure | 665 | ||
| 11.6 Subrogation | 667 | ||
| Further reading | 668 | ||
| References | 670 | ||
| Index | 681 |