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Commercial Law Concentrate Law Revision and Study Guide 6th edition by Eric Baskind ISBN 0192651331 9780192651334

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ISBN 10: 0192651331
ISBN 13: 9780192651334
Author: Eric Baskind

Commercial Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students… “I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts. – Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham University “The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others.” Carly Hatchard, law student, University of Bolton “This revision guide is excellent … I would certainly recommend it as a revision aid” – Claudia Carr, Principal Lecturer, Hertfordshire Law School, University of Hertfordshire “The Concentrate structure is extremely good, it makes it so much easier to revise … no key information is left out, it’s a great series.” Emma Wainwright, law student, Oxford Brookes University “A really good overview of the key themes, tensions, and debates … encourages students to go that bit further to increase their chances of scoring better in the assessment.” – Professor Nicola Glover-Thomas, Professor of Law, University of Manchester “I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades” – Anthony Poole, law student, Swansea University “Undoubtedly a good resource … I would certainly recommend it as additional material for modules assessed by examination.” – Dr Ben Stanford, School of Law, Liverpool John Moores University “The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level” – Stephanie Lomas, law student, University of Central Lancashire Take it online: The 6th edition is available in paperback, or e-book and is supported by extensive online resources to take your learning further. Visit www.oup.com/lawrevision/ for expert revision and study advice, self-test questions and answers, flashcard key cases and glossary and outline answers to questions from the book.

Commercial Law Concentrate Law Revision and Study Guide 6th Table of contents:

1. Introduction to Contracts of Sale of Goods

  • Key Definitions Used in the SGA

  • Contract of Sale of Goods

    • Contract

    • Property

    • Goods

    • Money Consideration

  • Sales and Agreements to Sell

    • Specific Goods and Unascertained Goods

    • Existing Goods and Future Goods

  • Contracts Other Than of Sale of Goods

    • Consumer Transactions

    • The Consumer Rights Act 2015

      • Key Definitions

      • Sales Contracts

      • Contracts for the Hire of Goods

      • Hire Purchase Agreements

      • Contracts for Transfer of Goods

    • Frustration and Force Majeure: Brexit and COVID-19

    • Key Debates

    • Online Resources

    • List of Key Terms

2. Statutory Implied Terms

  • Introduction

  • Classification of Terms

  • Implied Terms as to Title: s 12 SGA

    • Section 12(1): A Condition that the Seller Has the Right to Sell the Goods

    • Sections 12(2)(a) and 12(2)(b): Warranties that the Goods Are Free from Any Charge or Encumbrance and that the Buyer Will Enjoy Quiet Possession of the Goods

  • Contracts Other Than of Sale of Goods

  • Sales by Description: s 13(1) SGA

    • What is a Sale of Goods by Description?

    • The Description Must Amount to a Term in the Contract

    • The Description Must Be a ‘Substantial Ingredient of the Identity of the Thing Sold’

    • The Description Must Be Relied Upon by the Buyer

    • Summary of s 13 SGA

  • Satisfactory Quality: s 14(2) SGA

    • In the Course of a Business

    • What is Meant by ‘Satisfactory Quality’?

    • Exemptions from the Condition of Satisfactory Quality

    • Summary of s 14(2) SGA

  • Fitness for Purpose: s 14(3) SGA

    • Where the Buyer Buys the Goods for Their Usual (and Possibly Only) Use

    • Where the Buyer Requires the Goods for a Particular or Unusual Use or Has a Particular Idiosyncrasy

    • ‘Reasonably Fit’

    • Relationship Between ss 14(2) and 14(3) SGA

    • Summary of s 14(3) SGA

  • Sales by Sample: s 15 SGA

    • Section 15(2)(a): Bulk Will Correspond with the Sample in Quality

    • Section 15(2)(c): Goods Free from Any Defect Not Apparent on Reasonable Examination of the Sample

    • Summary of s 15 SGA

  • Contracts Other Than of Sale of Goods

  • The Consumer Rights Act 2015

    • Digital Content

    • Contracts Covered

    • Statutory Rights under a Digital Content Contract

    • Digital Content to Be of Satisfactory Quality

    • Digital Content to Be Fit for a Particular Purpose

    • Digital Content to Be as Described

    • Supply by Transmission and Facilities for Continued Transmission

    • Trader’s Right to Supply Digital Content

  • The Supply of Goods and Services Act 1982 (SGSA 1982)

    • Sections 2–5 SGSA

    • Sections 6–11 SGSA

    • Sections 12–16 SGSA

    • Section 14 SGSA

    • Section 15 SGSA

  • Key Cases

  • Key Debates

  • Exam Questions

  • Online Resources

  • List of Key Terms

3. Passing of Property and Risk

  • Introduction

  • Why is It Important to Know When Property in the Goods Passes?

    • Payment

    • Insolvency

    • Subsequent Transfer of Ownership

  • Risk

    • The Transfer of Property in Specific Goods

    • The Transfer of Property in Unascertained Goods

    • Unconditional Appropriation

    • Appropriation by Delivery to a Carrier

    • Ascertainment and Appropriation ‘By Exhaustion’

    • Undivided Shares in Goods Forming Part of a Bulk

    • Deemed Consent by Co-owner to Dealings in Bulk Goods

  • The Consumer Rights Act 2015

  • Passing of Risk

    • Who Has the Risk?

      • Non-consumer Buyer

      • Consumer Buyer

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

  • List of Key Terms

4. Retention of Title Clauses

  • Introduction

  • Retention of Title Clauses

  • The Unintended Consequences

  • All-liabilities Clauses

  • Attacks Against Retention of Title Clauses

    • The Goods Sold Have Been Incorporated into Manufactured Goods

    • The Retention of Title Clause Was Void Because It Created a Registrable Charge

  • Conclusion

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

  • List of Key Terms

5. Exclusion and Limitation Clauses

  • Introduction

  • Exclusion and Limitation Clauses Distinguished

  • Common Law Controls of Exemption Clauses

    • Incorporation

      • By Signature

      • By Reasonable Notice

      • When the Notice Was Given

      • What Form the Notice Took

      • Unusual or Onerous Clauses

      • By a Previous Course of Dealing

  • Does the Exemption Clause Cover the Alleged Breach of the Contract?

    • Fundamental Breach

    • Intentional and Deliberate Breaches

    • Exclusion or Restriction of the Statutory Implied Terms

  • The Sale of Goods Act 1979 and the Supply of Goods (Implied Terms) Act 1973 (SGITA)

  • Unfair Contract Terms Act 1977 (UCTA)

    • Reasonableness

  • The Supply of Goods and Services Act 1982 (SGSA)

    • Section 13 SGSA

  • Consumer Sales

  • Conclusion

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

  • List of Key Terms

6. Non-existence and Perishing of Goods

  • Introduction

  • Events Before the Contract is Made: s 6 SGA

    • Section 6: Goods Which Have Perished

    • When Will the Goods Be Deemed to Have Perished?

  • Events After the Contract is Made: s 7 SGA

    • Section 7: Goods Perishing Before Sale but After Agreement to Sell

  • Key Points on ss 6 and 7 SGA

  • The Difference Between the Contract Being Avoided by s 7 and Frustrated at Common Law

    • Section 7 SGA

    • Frustration at Common Law

    • The Law Reform (Frustrated Contracts) Act 1943

  • Key Cases

  • Key Debates

  • Exam Question

  • Online Resources

  • List of Key Terms

7. Transfer of Ownership by a Non-owner

  • Introduction

  • Nemo Dat Quod Non Habet

  • Estoppel: s 21(1) SGA

    • Estoppel by Representation

    • Estoppel by Negligence

  • Sale by a Mercantile Agent: s 2(1) FA

  • Sale Under a Voidable Title: s 23 SGA

    • In What Circumstances Might a Contract Be Voidable?

    • What Needs to Be Done to Avoid a Contract That Is Voidable?

  • Sale by a Seller in Possession After Sale: s 24 SGA/s 8 FA

  • Sale by a Buyer in Possession After Sale: s 25 SGA/s 9 FA

  • Sale of a Vehicle Acquired on Hire Purchase: s 27 HPA

  • Sale in Market Overt: s 22 SGA (Now Repealed)

  • Special Powers of Sale: s 21(2) SGA

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

  • List of Key Terms

8. Delivery, Acceptance, and Payment

  • Introduction

  • The Duties Explained: Delivery, Acceptance, and Payment

    • Duties of Seller and Buyer

    • Payment and Delivery as Concurrent Conditions

  • Delivery

    • Place and Time of Delivery

    • Within a Reasonable Time

    • Attornment: Where the Goods Are in the Possession of a Third Party

    • Cost of Putting Goods into a Deliverable State

    • Delivery to a Rogue

    • Time of Delivery

    • Delivery of the Wrong Quantity

    • Delivery by Instalments

    • Delivery to a Carrier

  • Acceptance

    • Repairs

    • Lapse of Reasonable Time

    • Partial Acceptance/ Rejection

  • Payment

    • How is the Price Ascertained?

  • The Consumer Rights Act 2015

  • Key Cases

  • Key Debates

  • Exam Question

  • Essay Question

  • Online Resources

9. Remedies of the Unpaid Seller

  • Introduction

  • When is a Seller Unpaid?

    • Real Remedies: The Rights of the Unpaid Seller Against the Goods

      • The Unpaid Seller’s Lien

      • Termination of the Unpaid Seller’s Lien

      • Stoppage in Transit

    • Personal Remedies: The Unpaid Seller’s Remedies Against the Buyer for Breach of Contract

      • Action for the Price

      • Damages for Non-acceptance of the Goods

      • The Measure of Damages

      • Available Market Rule

      • Disapplication of the Available Market Rule

      • Unique Goods

  • Key Cases

  • Key Debates

  • Exam Question

  • Online Resources

10. Remedies of the Buyer

  • Introduction

  • The Buyer’s Right to Reject the Goods

    • Breach of Condition

    • Breach of Innominate Term

    • Repudiatory Breach

    • Non-consumer Buyer

  • Damages for Non-delivery, Late Delivery, and Rejected Goods

    • Breach of Warranty

    • Breach of Warranty of Quality

  • Specific Performance

  • The Consumer Rights Act 2015

  • Remedies for Buyers in Consumer Cases

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

11. Consumer Credit

  • Introduction

  • Regulated Agreements

    • Consumer Credit Agreement

    • Consumer Hire Agreement

    • Exempt Agreements

  • Unfair Relationship Between Lender and Borrower

  • Cancellation Rights and Cooling-off Period

  • Small Agreements

  • Liability of Lender for Seller’s Misrepresentation or Breach

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

12. The Creation of Agency and the Agent’s Authority

  • Introduction

  • The Nature of Agency

  • Creation of Agency

  • The Agent’s Authority

    • Actual Authority

      • Express Actual Authority

      • Implied Actual Authority

    • Apparent (Ostensible) Authority

    • Usual Authority

    • Agency of Necessity

    • Ratification

  • Key Cases

  • Key Debates

  • Exam Question

  • Online Resources

13. The Relationships Created by Agency: The Rights and Liabilities of the Parties

  • Introduction

  • Rights and Liabilities of the Principal on the Contract Made by the Agent

    • Disclosed Agency

    • Undisclosed Agency

  • Rights and Liabilities of the Third Party

  • Rights of the Agent Against Their Principal

    • Remuneration

    • Indemnity

    • Lien

    • Fiduciary Duties

      • Duty to Avoid Conflict of Interest

      • Duty Not to Make Secret Profits

      • Duty to Account for Payments

      • Duty to Preserve Confidentiality

  • Remedies for Breach of Fiduciary Duty

  • Termination of Agency

    • By Agreement

    • By Operation of Law

  • Key Cases

  • Key Debates

  • Exam Questions

  • Problem Question

  • Essay Question

  • Online Resources

14. Exam Essentials

  • Plan, Plan, Plan

  • What Are You Going to Be Asked in the Exam?

  • Linking Different Subject Areas Together

  • Tips and Common Mistakes to Avoid

Glossary

Index

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