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Chapter

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

This chapter, which focuses on oral presentations, discusses the stages of preparation for a presentation, from selecting a topic to making decisions about the use of supplementary materials. It gives practical advice on organizing a presentation which flows naturally and is comprehensive and engaging. It considers issues relating to the actual delivery of the presentation including timing, combating nerves, and engaging the interest of the audience. It also covers how to deal with questions confidently, together with the importance of practise and self-reflection.

Chapter

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

This chapter begins with an introduction to trade terms, discusses in detail contracts at common law, with a specific focus on the passing of property and risk in the goods, and 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. So far as they 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

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter, the mirror image of the previous one, focuses on the remedies of the buyer who either does not receive goods or receives a defective delivery. The topic is relatively straightforward, largely restating principles of the general law of contract in the specialised field of sale of goods. The chapter concentrates on three forms of remedy: (1) damages for non-delivery, late delivery, or breach of warranty, (2) the recovery of money paid for a consideration that has totally failed or been validly rejected, and (3) specific performance and injunctions.

Chapter

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

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

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.

Chapter

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.

Chapter

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

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 examines the various remedies that are available to a buyer under a contract of sale of goods, where the seller is in breach of the sales contract. It considers the regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.

Chapter

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

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.

Chapter

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

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 examines the various remedies that are available to a buyer under a contract of sale of goods where the seller is in breach of the sales contract. It considers the regime of remedies introduced by the Consumer Rights Act 2015 and discusses a range of remedies such as rejecting the goods, suing for non-delivery or late delivery of the goods, suing for damages following the seller’s breach of warranty, requiring the seller to repair or replace the goods, claiming from the seller a reduction in the price, or rescinding the contract. The chapter then explains the difference between breach of condition of the contract and breach of warranty.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief available before a trial takes place, namely: interim injunctions and prevention of imports. It then outlines the civil remedies available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, it examines the various criminal remedies that intellectual property right holders may avail.

Book

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. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction to contracts for the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exemption and limitation clauses; non-existent and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.

Chapter

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief that is available before a trial takes place, namely, interim injunctions and prevention of imports. It then outlines the civil remedies that are available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, the chapter examines the various criminal remedies that intellectual property right holders may avail.

Book

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. Commercial Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you to get the most out of your revision. After an introduction to contracts of the sale of goods, the book covers: statutory implied terms; passing of property and risk; retention of title clauses; exclusion and limitation clauses; non-existence and perishing of goods; transfer of ownership by a non-owner; delivery, acceptance, and payment; remedies of the unpaid seller; remedies of the buyer; consumer credit; the creation of agency and the agent’s authority; and the relationships created by agency—the rights and liabilities of the parties.