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
9. Passing of the property in the goods as between seller and buyer
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
Chapter
2. Principles of contract law
This chapter details the principles of contract law. It cites that the notion of a contract is a flexible concept which can be invoked by the courts in order to provide solutions to difficult fact situations. The general principles of contract law underpin special rules and apply to all the different classes of contract except in so far as modified by particular rules applying to the particular class of contract. The chapter then looks at the philosophy of contracts and the misleading impression of contracts' role in business. It presents a range of remedies to be invoked when there is a breach of contract.
Chapter
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
11. Consumer credit
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 discusses some of the key common law and statutory provisions relating to consumer credit agreements and the common issues that arise. It first explains the provisions of the Consumer Credit Act 1974, as amended by the Consumer Credit Act 2006. The chapter then considers the rights of debtors who take credit under a ‘regulated agreement’, along with the (previous) extortionate credit bargain provisions that have been replaced by a test which considers whether there was an unfair relationship between the debtor and the creditor. It also considers consumer hire agreements, exempt agreements, small agreements, and non-commercial agreements, as well as the liability of the creditor for the seller’s misrepresentation or breach of contract, retaking of protected goods, and the debtor’s right to complete payments ahead of time.
Chapter
5. Exclusion and limitation clauses
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 clauses designed to exclude or limit a party’s liability, first considers exclusion or limitation clauses in the UK under common law rules, the Unfair Contract Terms Act 1977, and the Consumer Rights Act 2015. It explains the distinction between an exclusion clause and a limitation clause before discussing the two main methods of controlling exclusion clauses adopted by the courts. The chapter examines the exclusion or restriction of the statutory implied terms under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and the Supply of Goods and Services Act 1982. Finally, it considers the rules introduced by the Consumer Rights Act 2015 in relation to consumer transactions.
Chapter
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
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.
Chapter
13. The buyer’s remedies
This chapter presents the remedies for buyers if a seller breaches their obligations under the contract. Some breaches allow the buyer to reject the goods and terminate the contract. The buyer's basic remedies under the Act are the right to reject the goods, terminate the contract, and claim damages. The Consumer Rights Act 2015 (CRA 2015) provides a distinctive legal regime for consumer sale, which includes four remedies to the consumer where goods are not in conformity with the contract. The chapter then enumerates the rights under CRA 2015: the right to reject goods, the right to cure encompassing the repair or replacement of the goods, reduction of the price payable, and a final right to reject.
