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Chapter

Cover Street on Torts

11. Wrongful interference with goods  

This chapter examines the protection provided by tort law against wrongful interference with goods, which generally protect possession rather than title to goods (or ownership) as such. It explains that the action for trespass to goods affords a remedy where there has been an intentional or careless direct interference with goods in the claimant’s possession at the time of the trespass. This chapter also considers conversion, which is concerned with intentional dealings with goods that constitute a denial of the claimant’s rights. It discusses the remedies available for torts to goods contained in the Torts (Interference with Goods) Act 1977.

Chapter

Cover Commercial Law

13. Perishing of goods  

This chapter considers the effect on the parties’ contract of sale in the event that the goods perish. Before doing so, it considers briefly the position of non-existent goods. It might be considered sensible to think that where the seller sells specific goods, a condition would be implied that the goods existed at the time of the making of the contract and that the seller would be liable to the buyer if he sold goods that did not exist. The seller, after all, does warrant that he or she has the right to sell the goods and, where he or she sells the goods in the course of a business, also warrants that they are of satisfactory quality and fit for purpose. However, such a seller is generally not liable.

Chapter

Cover Commercial Law Concentrate

6. Non-existence and perishing of goods  

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 effect of the contract of sale of goods in the event that the goods never existed or, if they did exist at one time, are no longer in existence. It first looks at the contract for the sale of specific goods which, without the knowledge of the seller, have perished at the time when the contract is made and then considers an agreement to sell specific goods which, without any fault on the part of either party, subsequently perish before the risk passes to the buyer. The chapter also explains the frustration of a contract for the sale of unascertained goods under s 7 of the Sale of Goods Act 1979 and the question of monies owing or to be repaid under the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover Commercial Law Concentrate

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

Cover Commercial Law Concentrate

1. Introduction to contracts of sale of goods  

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 provides a general introduction to sale of goods law in the UK. It explains the sale of goods contract, why there is a different framework for these types of contract under English law, and the specific legislation for contracts of sale of goods and other relevant transactions. The chapter considers the statutory definitions for contract, property, and goods and discusses the distinction between sales and agreements to sell, between specific goods and unascertained goods, and between existing goods and future goods. The chapter introduces and provides an analysis of the Consumer Rights Act 2015, which subsequent chapters then build upon. Finally, it examines contracts other than of sale of goods.

Chapter

Cover Sealy and Hooley's Commercial Law

11. Seller’s obligations as to quality  

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

This chapter considers the seller’s obligations as to the characteristics and quality of goods sold. The main concentration is on the implied terms under ss 13–15 of the Sale of Goods Act 1979 requiring goods to correspond with their description, to be fit for purpose and of satisfactory quality, and to match any sample provided. But considerable stress is also laid on the vital practice of commercial parties to draft their own bespoke terms and oust those otherwise implied. The chapter also covers the contractual liability applying between seller and buyer.

Chapter

Cover Sealy and Hooley's Commercial Law

9. Passing of the property in the goods as between seller and buyer  

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

This chapter examines the concept of the passing of the property in goods as between seller and buyer which has significance for many purposes in law. It discusses why the matter is important, before going on to cover the rules for determining when the property passes as it is plainly a matter of the greatest importance to identify the point at which it occurs. The chapter goes on to discuss the statutory provisions relating to perishing of specific goods, how the passing of property is related to acceptance or rejection of goods, the risk involved in the passing of property, and the frustration of sale of goods contracts.

Chapter

Cover Ashworth's Principles of Criminal Law

3. Criminal Law Values  

The focus in this chapter is on the values the criminal law seeks to protect through criminalization. First, key ‘intrinsic values’ are considered, such as bodily integrity and sexual autonomy. Second, an analysis of ‘public goods’ is provided. Public goods are goods in which we have no individual right or share, but which benefit us in common with others. The criminal law protects public goods as part of its role in supporting our many different lives in common, as consumers, employees, users of roads and of public transport, and so on. The security of the state, openness and integrity in corporate governance and public life, and the common pool resource of a welfare system are all very different examples of public goods in this sense.

Chapter

Cover Commercial Law

15. Statutory implied terms and statutory rights  

This chapter discusses the common law rule of caveat emptor, which today has been largely eroded by the original Sale of Goods Act 1893 (SGA 1893) that introduced the statutory implied terms of quality and fitness for purpose. It is shown here that the principle of caveat emptor is still alive and well in relation to purely private sales because the terms implied by the Sale of Goods Act 1979 (SGA 1979) in relation to the quality and fitness for purpose of the goods only apply to sales made in the course of a business. Sale of goods contracts are still, therefore, governed by the principle of caveat emptor to some extent, although this is subject to other enactments. This chapter also discusses the Consumer Rights Act 2015 (CRA 2015) which came into force on 1 October 2015.

Chapter

Cover An Introduction to Tort Law

11. Conversion  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with the tort of conversion. Conversion is best regarded as the tort which protects the owner of goods not against their being damaged (negligence covers that) but against their being dealt with or detained against his will. It is concerned with loss of goods rather than damage to them. The chapter discusses what goods can be converted; what entitlements the claimant in conversion must show; liability in conversion; remedies, such as the return of the goods or damages or both; and length of protection provided to the legal owner of goods.

Book

Cover The Substantive Law of the EU
The Substantive Law of the EU provides a critical and thorough analysis of the key principles of the substantive law of the EU, focusing on the four freedoms (goods, persons, services, and capital). An introductory chapter provides valuable context on the nature of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then considered in turn. The book concludes with a discussion of harmonization, the regulation of the internal market, and its future.

Chapter

Cover Commercial Law

17. The remedies of the buyer  

This chapter sets out the remedies available to the buyer under a contract of sale. Before the Sale and Supply of Goods to Consumers Regulations 2002, these remedies comprised damages for non-delivery of the contract goods, specific performance, and damages for breach of warranty. In cases of breach of condition, the buyer generally has the right to reject the goods and repudiate the contract. Since implementation of the 2002 Regulations, a buyer who deals as consumer has additional remedies of repair, replacement, reduction in price, or rescission. These additional consumer remedies are discussed after a consideration of the remedies that are available to all buyers, including consumers, beginning with those remedies granted to a buyer where the seller fails to deliver the goods, or fails to deliver on time. Certain consumer contracts entered into after 1 October 2015 are governed by the Consumer Rights Act 2015, which is also discussed.

Chapter

Cover Essential Cases: Contract Law

L’Estrange v Graucob Ltd [1934] 2 KB 394  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L’Estrange v Graucob Ltd [1934] 2 KB 394. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

L’Estrange v Graucob Ltd [1934] 2 KB 394  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L’Estrange v Graucob Ltd [1934] 2 KB 394. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Markesinis & Deakin's Tort Law

11. Interference with Chattels  

This chapter discusses trespass to goods, conversion, and negligence. The present law of trespass to chattels is governed by the Torts (Interference with Goods) Act 1977, which introduces a collective term ‘wrongful interference with goods’ to cover trespass, conversion, negligence, and any other tort resulting in damage to goods or to an interest in goods. The Act abolishes the tort of detinue, but otherwise has little or no impact on the principles of liability developed by the common law: thus, the nomenclature and substantive scope of the common law claims remain significant to this day in understanding the legal rules in this area.

Chapter

Cover Commercial Law

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

Cover Commercial Law Concentrate

10. Remedies of the buyer  

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

Cover Commercial Law Concentrate

7. Transfer of ownership by a non-owner  

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, which focuses on the situation where a seller is able to transfer ownership of certain goods to a third party despite having no right to the goods, first explains the so-called nemo dat rule, which protects the true owner of the goods and the innocent purchaser gets no title whatever. It then considers several statutory exceptions to the nemo dat rule that protect the innocent purchaser. The chapter also examines how estoppel is applied, sale by a mercantile agent, void and voidable contracts, sale by a seller in possession after sale, sale by a buyer in possession after sale, sale of a vehicle acquired on hire purchase, the (now repealed) sale in market overt, and special powers of sale.

Chapter

Cover Commercial Law Concentrate

9. Remedies of the unpaid seller  

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 considers the remedies that are available to a seller against the buyer for breach of contract and the position when the buyer refuses delivery of the goods. These are real remedies and personal remedies, which are set out in Parts V and VI of the Sale of Goods Act 1979. An example of a real remedy is a lien over the goods, whereas two examples of a personal remedy are an action for the price and damages for non-acceptance of the goods.

Chapter

Cover Sealy and Hooley's Commercial Law

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.