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Product Description
Product Description
Authoritative, influential yet accessible to students this textbook addresses one of the most important aspects of commercial law. Its enduring role as the definitive guide to the law surrounding the sale of goods cements its position as the market leading text for undergraduate and postgraduate students alike.
Uniquely, key differences between Scots and English law in this area are highlighted throughout equipping the reader with a thorough understanding of the regulatory regimes governing the sale of goods in both jurisdictions.
From the Back Cover
'Atiyah's Sale of Goods is famous for its comprehensive coverage and rigorous analysis of the subject. Having used the book for many years as both student and teacher, this new edition is a welcome addition to the library of anyone teaching or studying this subject.' Keith Uff, Visiting Lecturer, Birmingham Law School
Atiyah’s Sale of Goods is the definitive guide to the law surrounding the sale of goods making it essential reading for students and practitioners alike. Written by eminent academics in the field, this market leading text successfully combines a highly readable and comprehensive account of the key common law, statutory rules, EU legislation and International Conventions governing the sale of goods, with a critical focus on the operation of such rules in practice.
Uniquely, key differences between Scots and English law in this area are highlighted throughout equipping the reader with a thorough understanding of the regulatory regimes governing the sale of goods in both jurisdictions.
This new edition includes:
- Increased emphasis of e-commerce issues affecting the sale of goods
- Coverage of the Convention on International Sale of Goods and its implications for domestic sale of goods law
- Discussion of the Department for Business Enterprise and Regulatory Reform’s consultation on consumer law
- Expanded coverage of relevant decisions made in other common law jurisdictions
- Coverage of the Draft Common Frame of Reference: Principles, Definitions and Model Rules of European Private Law and its implications for the creation of a European Private Law
Atiyah’s Sale of Goods is particularly suitable for students studying sale of goods or commercial law as part of an LL.B course, or for postgraduate LL.M courses in commercial law. The book is also a valuable point of first reference for practitioners of commercial law.
Visit www.mylawchamber.co.uk/adamsgoods to access regular updates to help you keep up to date with important developments in the law as it relates to the sale of goods.
About the authors:
John N. Adams is Professor Emeritus at the University of Sheffield, and Ajunct Professor at the University of Notre Dame, Indiana.
Hector MacQueen is a Scottish Law Commissioner and Professor of Private Law at the University of Edinburgh.
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Customer Reviews
The book was arranged in 8-part format for relevance and coherence. Sale of Goods Consolidated Act 1979 is the predominant reference point in this book.
Part I dealt with nature and formation of the contract oif sale; discussing issues like parties, definiotion and language of construction. The familiar issue of offer and acceptance, obligation created, subject-matter of the contract and controversies that sometimes trail them were dissected to its constituent elements.
Duties of the seller were outlined and discussed in Part II. The author began with a controversial issue of whether there should be implied existence of he subject-matter or should inability of the seller to supply render the contract void and absolves the buyer from paying any price - McRae V. Commonwealth Disposals Commission (1951) 84 CLR 377. Except when excluded, the duty to deliver goods at the right time, right quantity and quality and of course the `fit for purpose clause' were dealt with thoroughly. The author noted that chapter 14 was completely re-written to accommodate discussion of Unfair Contract Terms Act 1977. Also Trade Descriptions Act was discussed as on of the options open for aggrieved consumer to seek redress in criminal prosecution.
Then Part III discussed duties of the buyer to pay the price of goods and to take delivery. Failure to do all these were illustrated with cases of repudiation or total breach leading to damages.
The author considered when a contract exists, the effectof it in Chapter IV. From definition of `property' to passing of the property. Risk, frustration or contract and consequences were dissected and distinguished. The thorny issue of transfer of title by a non-owner feature, as you cannot give what you don't have.
Export sales featured in chapter V where the author discussed the several terms of contract: ex-works, FOB,CIF, ex-ship contracts, export/import licences and their implications.
The remedies of the seller which include rights over the goods in possession, unpaid seller's lien, stoppage in transit, resale; personal action for price and damages all were discussed in Part VI.
Expectedly the author discussed remedies of the buyer which naturally follows in Part VII. And they include rejection of goods unless the right had been lost expressly or by conduct. Recession of contract for innocent representation or action for damages. Specific performance is the last remedy discussed which is only available where damages would be unjust and inadequate.
Part VIII was devated
Atiyah's Sale of Goods
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