require the seller to hand over the goods to the buyer, although in many cases this is what happens. In the case of hire purchase , for example, the buyer will already have possession
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Chapter
8. Delivery, acceptance, and payment
Chapter
7. Minority Shareholder Remedies
■ The question is about the significance of the case, and not about the case generally, so don’t waste time setting out case facts in great detail ■ Don’t just look at the concept
Chapter
13. Skills for Success in Coursework Assessments
, as will be the case in most problems. Establish the principles ( O’Neill v Phillips ), consider where Serin’s case fits within these, and bring in relevant cases—remembering here
Chapter
3. Passing of property and risk
in the case of a contract for the sale of unascertained goods , no property in them can be transferred to the buyer unless and until the goods are ascertained. This is the case even
Chapter
1. Introduction to contracts of sale of goods
to the owners. This case will be discussed in greater detail at pp 61–63, 71–72. An unsuccessful attempt to extend the principles in The Res Cogitans to a case involving a claim for
Chapter
4. Shares and Shareholders
the case then the directors would be in breach of s. 171(b) even if they were acting in good faith in what they felt was best for the company ( CA 2006, s. 172 ), as in cases such
Chapter
5. Directors’ Duties
need to be sparing with case facts to leave enough time to discuss the law and address the question, but this paragraph shows sometimes case facts are essential to support the point being
Chapter
2. Statutory implied terms
service with reasonable care and skill. It is essential to note the following points about s 13 SGSA : • It will only apply in cases where the supplier is acting in the course of
Chapter
10. Loan Capital
assets in the ordinary course of business, rather than the class of assets, that is the essential characteristic distinguishing a floating charge from a fixed charge. 4 You don’t need
Chapter
11. Corporate Insolvency
years for relatively not very serious cases, 6–10 years for serious cases not meriting the top bracket, and 11–15 years for particularly serious cases. Here Chelsey’s behaviour would put
Chapter
1. Exam Skills for Success in Company Law
explain, and provide evidence for them, and assess and analyse each point. All this is essential to doing well. But don’t let it become too formulaic: PEA should be your slave and not
Chapter
2. Companies and Corporate Personality
it is not, making the link with earlier cases. Although undoubtedly restrictive, this was not new: a restrictive approach is apparent in cases before Prest , as is the emphasis on
Chapter
11. Consumer credit
that case for the lender. To cure such an injustice in future cases, the CCA 2006 repealed s 127(3)–(5) CCA 1974 , resulting in the court explicitly having discretion in cases concerning
Chapter
13. The relationships created by agency: the rights and liabilities of the parties
would not have been possible. Undisclosed agency It is essential to appreciate that in the case of an undisclosed principal , they (the undisclosed principal) can sue
Chapter
12. Mixed Topic Questions
failed in Salomon and very few cases have found agency on the facts (eg Smith, Stone & Knight v Birmingham Corpn [1939] 4 All ER 116 ). More recent cases indicate clear evidence of an
Chapter
6. Company Management and Governance
that you know the status of the powers being discussed 2 Very brief case facts show you know about the case and the context in which the point of law has been developed, without taking
