THE SALE OF GOODS was written by Patrick S Atiyah DCL FBA Proffesor of English Law , Oxford University, Barrister of the Inner Temple contains 35 chapters. According to the author the original book written in 1963 was based on the Sale of Goods Act 1893 and decided cases thereon. Then later revised along the guidelines offered by the court in BANK OF ENGLAND V. VAGLIANO (1891) AC 107 regarding Interpretation Act when cases decided before 1893 comes up. Essentially a statute should not be interpreted to defeat its purpose.
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 devatedAtiyah's Sale of Goods