Atiyah and Adams' sale of goods

Description

Front Cover Half Title Page Title Page Copyright Page Dedication Contents in brief Contents Preface to the Fourteenth Edition Acknowledgements Table of statutes Table of cases Table of statutory instruments Part I Nature and formation of the contract of sale 1 Sources of the law of sale of goods The Sale of Goods Act 1979 2 The contract of sale Definition Sale distinguished from other contracts Number of parties The price Conveyancing effect of the contract Formation of the contract Mistake in the offer or acceptance Doorstep selling Formalities 3 Subject-matter of the contract Meaning of 'goods' Different types of goods 4 The types of obligation created Fundamental terms Innominate terms Warranties Representations Part II The duties of the seller 5 The existence of the goods and the duty to pass a good title No implied condition that the goods exist The seller's right to sell the goods Warranty of freedom from encumbrances and of quiet possession 6 The duty to deliver the goods The duty to deliver Payment and delivery concurrent conditions The meaning of delivery The duty to supply the goods at the right time The duty to supply goods in the right quantity 7 The duty to supply goods of the right quality From caveat emptor to caveat venditor 1 Express terms 2 Implied terms that the goods must correspond with their description 3 Implied terms that the goods are of satisfactory quality 4 Implied terms that the goods are fit for a particular purpose 5 Implied terms in sales by sample 6 Implied terms annexed by trade usage 7 Other implied terms 8 Mistake as to quality 8 Exclusion of seller's liability Exemption clauses Construction of exemption clauses Fundamental breach The Unfair Contract Terms Act 1977 Part III The duties of the buyer 9 The duties of the buyer Payment of the price Time for payment The duty to take delivery Part IV The effects of the contract 10 The transfer of property The meaning of 'property' The passing of property: I Specific goods The passing of property: II Unascertained goods 11 Risk and frustration Risk and frustration distinguished Transfer of risk Special provisions in relation to non-consumer sales Frustration Effects of frustration 12 Transfer of title by a non-owner Nemo dat quod non habet Estoppel Sale by agent Section 2 of the Factors Act 1889 Special powers of sale Sale in market overt Sale under a voidable title Seller in possession Buyer in possession Part III of the Hire Purchase Act 1964 Proposals for reform Part V Export sales 13 Export sales Ex-works or ex-store contracts F.o.b. contracts C.i.f. contracts Ex-ship contracts Export and import licences Whose duty? Whether duty absolute or to use best endeavours Bankers' commercial credits 14 International Convention on Sales of Goods ('CISG') Introduction International Convention Conclusion Part VI The remedies of the seller 15 Real remedies Seller's rights and powers against the goods Unpaid seller's lien Unpaid seller's right of stoppage in transit Unpaid seller's right of resale Reservation of title clauses 16 Personal remedies Action for the price Action for damages Part VII The remedies of the buyer 17 Rejection of the goods, rescission and specific performance Buyer's right to reject the goods Loss of the right to reject Relationship with rescission of the contract for an actionable misrepresentation Specific performance or implement 18 Action for damages Damages Damages for non-delivery Damages for breach of condition or warranty Damages in tort Damages for misrepresentation Remedies available to a buyer in breach Part VIII Consumer sales 19 Consumer sales contracts From the Sale of Goods Act to the Consumer Rights Act Key definitions and scope Contracts for the supply of goods Delivery of goods Passing of risk Digital content Exclusion of liability Other rules applicable to consumer sales contracts Pre-contractual information in on-premises contracts Pre-contractual information for distance/off-premises contracts Right of cancellation in off-premises and distance contracts Consumer protection from unfair trading Additional protection under s. 75 of the Consumer Credit Act 1974 20 Product liability Product liability at common law Product liability under the Consumer Protection Act 1987 Non-contractual claims in respect of defects in the goods 21 Manufacturers' guarantees Introduction: a word about the word 'guarantee' Manufacturers' guarantees Extended warranties or guarantees Possible future changes Index Back Cover