Sale of goods / P. S. Atiyah, J. N. Adams, Hector L. MacQueen

Includes index

Preface to the Eleventh Edition xi
Table of Statutes
xiii
Table of Cases
xxiii
Part I NATURE AND FORMATION OF THE CONTRACT OF SALE
Sources of the Law of Sale of Goods
3 (4)
The Sale of Goods Act 1979
3 (4)
Definition and Nature of the Contract of Sale
7 (29)
Definition
7 (1)
Sale distinguished from other contracts
7 (22)
Number of parties
29 (1)
The price
30 (4)
Conveyancing effect of the contract
34 (2)
Formation of the Contract
36 (14)
Offer and acceptance
36 (1)
Auction sales
36 (3)
Mistake in the offer or acceptance
39 (9)
Doorstep selling
48 (2)
Formalities
50 (3)
Repeal of formal requirements
50 (1)
Bills of sale
51 (2)
Distance Selling including E-Commerce
53 (24)
Introduction
53 (2)
Consumer sales
55 (8)
Commercial distance transactions (and consumer transactions where cross-border litigation is viable)
63 (9)
Intellectual property
72 (2)
Payment of the price and security
74 (1)
At whose risk are goods dispatched by the seller to the buyer?
75 (2)
Subject-matter of the Contract
77 (10)
Meaning of `goods'
77 (6)
Different types of goods
83 (4)
The Types of Obligation Created
87 (16)
Fundamental terms
87 (3)
Conditions
90 (1)
Innominate terms
91 (6)
Warranties
97 (1)
Representations
98 (1)
Scots law
99 (4)
Part II THE DUTIES OF THE SELLER
The Existence of the Goods
103 (9)
No implied condition that the goods exist
103 (9)
The Duty to Pass a Good Title
112 (11)
The seller's right to sell the goods
112 (7)
Warranty of freedom from encumbrances and of quiet possession
119 (4)
The Duty to Deliver the Goods
123 (9)
The duty to deliver
123 (2)
Payment and delivery concurrent conditions
125 (4)
The meaning of delivery
129 (3)
The Duty to Supply the Goods at the Right Time
132 (7)
The time of delivery
132 (2)
Waiver of conditions as to delivery time
134 (5)
The Duty to Supply Goods in the Right Quantity
139 (6)
Delivery of the right quantity
139 (6)
The Duty to Supply Goods of the Right Quality
145 (79)
From caveat emptor to caveat venditor?
145 (79)
Express terms
148 (1)
Implied terms that the goods must correspond with their description
149 (13)
Implied terms that the goods are of satisfactory quality
162 (37)
Implied terms that the goods are fit for a particular purpose
199 (13)
Implied terms in sales by sample
212 (3)
Implied terms annexed by trade usage
215 (1)
Other implied terms
215 (1)
Mistake as to quality
216 (5)
Reform of the privity doctrine
221 (3)
Exclusion of Seller's Liability
224 (40)
Exemption clauses
224 (3)
Construction of exemption clauses
227 (5)
Fundamental breach
232 (2)
UCTA and the EC Directive on Unfair Contract Terms in Consumer Contracts
234 (1)
The Unfair Contract Terms Act 1977
234 (23)
The EC Directive on Unfair Terms in Consumer Contracts
257 (7)
Product Liability and Consumer Protection
264 (33)
Product liability at common law
264 (9)
Product liability under the Consumer Protection Act 1987
273 (12)
Non-contractual claims in respect of defects in the goods
285 (3)
Statutory duties
288 (3)
Consumer remedies
291 (6)
Manufacturers' Guarantees
297 (10)
Introduction: a word about the word `guarantee'
297 (1)
Manufacturers' guarantees
297 (4)
Extended warranties or guarantees
301 (6)
Part III THE DUTIES OF THE BUYER
The Duty to Pay the Price
307 (4)
Payment of the price
307 (4)
The Duty to Take Delivery
311 (4)
Part IV THE EFFECTS OF THE CONTRACT
The Transfer of Property
315 (38)
The meaning of `property'
315 (5)
The passing of property: I. Specific goods
320 (12)
The passing of property: II. Unascertained goods
332 (21)
Risk and Frustration
353 (19)
Risk and frustration distinguished
353 (1)
Transfer of risk in non-consumer cases
353 (6)
Transfer of risk in consumer cases
359 (1)
Frustration
360 (5)
Effects of frustration
365 (7)
Transfer of Title by a Non-owner
372 (47)
Nemo dat quod non habet
372 (3)
Estoppel
375 (9)
Sale by agent
384 (1)
Section 2 of the Factors Act 1889
385 (7)
Special powers of sale
392 (1)
Sale in market overt
393 (1)
Sale under a voidable title
393 (2)
Seller in possession
395 (4)
Buyer in possession
399 (11)
Part III of the Hire-Purchase Act 1964
410 (3)
Writs of execution
413 (1)
Proposals for reform
413 (6)
Part V EXPORT SALES
Export Sales
419 (16)
Ex-works or ex-store contracts
420 (1)
F.o.b. contracts
420 (6)
C.i.f. contracts
426 (7)
Ex-ship contracts
433 (2)
Export and Import Licences
435 (4)
Whose duty?
435 (2)
Whether duty absolute or to use best endeavours
437 (2)
Bankers' Commercial Credits
439 (10)
Payment of price by bankers' commercial credit
439 (10)
Part VI THE REMEDIES OF THE SELLER
Real Remedies
449 (32)
Seller's rights and powers against the goods
449 (3)
Unpaid seller's lien
452 (7)
Unpaid seller's right of stoppage in transit
459 (6)
Unpaid seller's right of resale
465 (5)
Reservation of title clauses
470 (11)
Personal Remedies
481 (18)
Action for the price
481 (6)
Action for damages
487 (12)
Part VII THE REMEDIES OF THE BUYER
Rejection of the Goods and Additional Rights of Buyer/Transferee of Goods in Consumer Cases
499 (31)
Buyer's right to reject the goods
499 (7)
Loss of the right to reject
506 (19)
Additional rights of buyer/transferee in consumer cases
525 (5)
Rescission for Misrepresentation
530 (4)
Rescission of the contract
530 (4)
Action for Damages
534 (26)
Damages for non-delivery
534 (7)
Damages for breach of condition or warranty
541 (12)
Damages in tort
553 (1)
Damages for misrepresentation
554 (1)
Remedies available to a buyer in breach
555 (5)
Specific Performance or Implement
560 (3)
Index 563

The new edition of 'The Sale of Goods' gives a full and detailed account of the English law of the sale of goods. It also includes a treatment of the law as it applies in Scotland and Northern Ireland. The 11th edition is brought right up to date with legislative and common law changes that have taken place over the past four years

eng