This chapter begins with an introduction to trade terms, before discussing in detail Fob and Cif contracts at common law, with a specific focus on the passing of property and risk in the goods, It concludes with a look at the attempts by the International Chamber of Commerce to standardize and clarify the meaning of these terms. Trade terms provide a mechanism whereby buyers and sellers of goods can conveniently express their intentions. Typically, so far as the parties are concerned, the key issue is the allocation of the cost of transportation of the goods from the seller to the buyer, but to the lawyer, more important are the issues of when risk and property in the goods pass, and when delivery is made.
Chapter
20. International trade terms
Chapter
14. Delivery and payment
This chapter considers the duty of the seller to deliver the goods and the duty of the buyer to accept the goods and to pay the price. Payment and delivery are concurrent conditions in a contract of sale. This means that the seller must be ready and willing to deliver the goods, and the buyer must be ready and willing to pay for them in accordance with the terms of the contract. The parties to the contract can make whatever agreement they want in respect of delivery and payment and, in practice, will often do so in relation to the time, place, and manner of the delivery and the payment. Where the parties have not agreed on these matters, the Sale of Goods Act 1979 (SGA 1979) lays down certain rules, which are discussed in detail in the chapter. Similar rules apply to consumer sales under the Consumer Rights Act 2015.
Chapter
25. Possessory security
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter deals with possessory security. It begins with a discussion of a pledge (which normally secures repayment of a debt but, in principle, there is no reason why it should not secure performance by the pledgor of some other obligation), before considering the concepts of delivery and re-delivery of possession. It also examines re-pledge by the pledgee, realisation, and statutory control before turning to liens. In particular, it explains how a lien arises and how it is enforced, terminated, and registered. Finally, it looks at the proposed legal reform with respect to possessory security.
Chapter
8. Delivery, acceptance, and payment
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the duty of the seller to deliver the goods and the duty of the buyer to accept them and to pay the price. It first explains the meanings of delivery, acceptance, and payment as well as the provision in the Sale of Goods Act 1979 in respect of these matters, and then considers the distinction between consumer and business buyers and cases where the wrong quantity of goods has been delivered. The chapter also discusses delivery by instalments, delivery to a carrier, and the right of the buyer not to return rejected goods.
Chapter
12. Performance of the contract
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter considers the duties of the seller to give a good title to the goods he sells and physically to deliver those goods to the buyer in accordance with the terms of the contract of sale. The chapter also examines the provisions of the Sale of Goods Act 1979 relevant to the sale of a limited title and the implied warranties as to freedom from encumbrances and quiet possession. Finally, it describes the statutory duties of the buyer to take delivery, to accept the goods, and to pay the price.
Chapter
10. Duties of the parties
This chapter details the duties of the parties as part of a contract sale according to the Sale of Goods Act 1979 (SGA). Section 27 of the SGA does not contain a complete statement of the parties' duties, but Section 28 does define the relationship between the duties of seller and buyer. Each party's duty to perform is conditional on the readiness and willingness of the other to perform and commercial agreements normally provide for the goods to be delivered on credit terms so that payment is due after delivery. SGA's Section 27 indicates that the duties of parties revolve around delivery, acceptance, and payment in accordance with the terms of the contract. The chapter then analyses the notion of exclusion clauses.
Chapter
11. Delivery
This chapter covers the importance of delivery. Section 27 of the Sale of Goods Act 1979 (SGA) presents the seller's basic obligation regarding the delivery of goods, which, the chapter argues, provides great significance to the passing of property from seller to buyer. If the seller wholly fails or refuses to deliver, they are in breach of contract; this allows the buyer to claim damages for non-delivery. The chapter also considers the situation wherein the buyer may reject the delivery and repudiate the contract. It examines how the Consumer Rights Act 2015 retains certain aspects of the SGA regime for consumer buyers.
