Commercial law: text, cases, and materials

Law of the United Kingdom and Ireland > England and Wales > KD1629

Edition Details

Creator or Attribution (Responsibility): L. S. Sealy
Language: English
Jurisdiction(s): England
Publication Information: Oxford ; New York : Oxford University Press, 2009
Publication Type (Medium): Trials, litigation, etc, Cases
Material: Internet resource
Type: Book, Internet Resource
Permalink: https://books.lawi.org.uk/commercial-law-text-cases-and-materials/ (Stable identifier)

Short Description

Lxxxvii, 1325 pages ; 25 cm

Purpose and Intended Audience

Useful for students learning an area of law, Commercial law: text, cases, and materials is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: L.S. Sealy, R.J.A. Hooley.
Publication Date: 2009
Country/State: England
Number of Editions: 23 editions
First edition Date: 1999
Last edition Date: 2009
Languages: British English
Library of Congress Code: KD1629
Dewey Code: 346.4207
ISBN: 9780199299034 019929903X
OCLC: 191752336

Main Contents

An introduction to commercial law
Basic concepts of personal property
Introduction
Creation of agency and the authority of the agent
Relations with third parties
Relations between principal and agent
Introduction and definitions
Passing of the property in the goods as between seller and buyer
Transfer of title
Statutory implied terms
Performance of the contract
Remedies of the seller
Remedies of the buyer
International sales
Negotiable instruments
Bills of exchange
Banks and their customers
Payment systems
Cheques and other instruments
Payment cards
The financing of international trade
Assignment of choses in action
Receivables financing
Introduction
Possessory security
Non-possessory security
Guarantees
Insurance
Insolvency.

CONTENTS
Preface to the fourth edition VII
Acknowledgements XVII
Table of statutes 000
Table of cases 000
PART I INTRODUCTION
1 An introduction to commercial law 3
1 The nature of commercial law 3
2 The function of commercial law 9
3 The historical development of commercial law 14
4 The sources of commercial law 21
5 The role of equity in commercial law 29
6 Public law in the commercial arena 35
7 The philosophy and concepts of commercial law 38
8 The codification of commercial law 46
9 The challenges for commercial law in the twenty-first century 48
2 Basic concepts of personal property 55
1 The distinction between real and personal property 55
2 Types of personal property 56
3 What is property? 57
4 What are the characteristics of property rights? 61
5 Types of property rights 64
6 The significance of property rights 64
7 Ownership 68
8 Acquisition and transfer of legal and equitable ownership 70
9 Possession 72
10 Attornment 75
11 Transfer of possession 76
12 The importance of possession 77
13 Bailment 78
14 Types of bailment 80
15 The bailee’s liability 82
16 Bailment and third parties 88
PART II THE LAW OF AGENCY
3 Introduction 95
1 The legal concept of agency 95
4 Creation of agency and the authority of the agent 111
1 Creation of the agency relationship 111
2 Authority of the agent 113
5 Relations with third parties 149
1 Disclosed agency 149
2 Undisclosed agency 179
6 Relations between principal and agent 202
1 Duties of the agent 202
2 Rights of the agent 231
3 Termination of agency 244
PART III DOMESTIC SALES LAW
7 Introduction and definitions 265
1 Introduction 265
2 Definitions 267
3 Sale of goods distinguished from other transactions 278
4 Formation of the contract of sale 293
8 Passing of the property in the goods as between seller and buyer 296
1 Significance of the passing of property 296
2 Relationship of property to risk 299
3 Statutory provisions relating to perishing of specific goods 304
4 Frustration of sale of goods contracts 314
5 Rules for determining when the property passes 315
9 Transfer of title 349
1 The rule nemo dat quod non habet 349
2 First exception: estoppel 352
3 Second exception: sale under the Factors Act 1889, s 2 364
4 Third exception: sale under power of sale or court order 374
5 Fourth exception: sale in market overt (now repealed) 375
6 Fifth exception: sale under a voidable title 375
7 Sixth exception: sale by seller continuing in possession 377
8 Seventh exception: sale by buyer in possession 381
9 Eighth exception: sale by unpaid seller under SGA 1979, s 48 390
10 Ninth exception: private purchase of motor vehicle held on hire purchase 390
10 Statutory implied terms 392
1 Introduction 392
2 The implied condition as to title (s 12(1)) 393
3 Sale of a limited title 396
4 The implied warranties as to freedom from encumbrances and quiet possession (s 12(2)(a), (b)) 396
5 The implied condition that the goods will correspond with their description (s 13) 397
6 Implied terms as to quality and fitness 405
7 Terms implied in sales of goods by sample (s 15) 417
8 Exclusion of seller’s liability 419
9 Product liability 421
10 Consumer guarantees 422
11 Performance of the contract 423
1 Duties of the seller 423
2 Duties of the buyer 425
3 Instalment contracts 426
12 Remedies of the seller 431
1 Action for the price 431
2 Action for damages for non-acceptance 435
3 Seller’s right to terminate contract upon breach or repudiation by buyer 437
4 Remedies of an unpaid seller 438
13 Remedies of the buyer 471
1 Introduction 471
2 To reject the goods 471
3 Buyer’s action for damages for non-delivery 477
4 Action for damages for late delivery 483
5 Action for damages for breach of warranty 484
6 Buyer’s remedies at common law 485
7 Specific performance 485
8 Buyer’s additional remedies in consumer sales 486
PART IV INTERNATIONAL SALES
14 International sales 489
1 Introduction 489
2 Typical export transactions 492
3 FAS contracts 493
4 FOB contracts 494
5 CIF contracts 498
6 Ex ship or ‘arrival’ contracts 507
7 Contracts for the international sale of goods shipped in bulk 509
8 Contracts of sale involving road, rail, and/or air transport 510
9 Payment in international sales transactions 511
PART V BILLS OF EXCHANGE AND BANKING
15 Negotiable instruments 515
1 Introduction 515
2 Definition of a negotiable instrument 516
3 How instruments come to be negotiable 522
4 Types of negotiable instrument 525
5 Advantages of a negotiable instrument 526
16 Bills of exchange 530
1 The use of bills of exchange 530
2 The Bills of Exchange Act 1882 530
3 Definition of a bill of exchange 532
4 Transfer of a bill of exchange 537
5 Persons entitled to the benefit of the obligation on the bill 546
6 Liability on the bill of exchange: general principles 562
7 Liability on the bill: specific parties 569
8 Enforcement of the bill 573
9 Discharge of the bill 576
10 Mistaken payment 578
17 Banks and their customers 595
1 Bank regulation 595
2 What is a ‘bank’? 603
3 Who is a ‘customer’? 611
4 The nature of the banker-customer relationship 615
5 Terms of the banker-customer contract 619
6 Bank’s duty to honour the customer’s mandate 631
7 Bank’s duty to obey the customer’s countermand 638
8 Bank’s duty of care 645
9 Bank’s fiduciary duties 656
10 Banks and undue influence 659
11 Banks and fraud: liability ‘as a constructive trustee’ 679
12 Bank’s duty of confidentiality 689
13 The customer’s duty of care 701
14 Termination of banker-customer relationship 710
15 Dispute resolution 712
18 Payment systems 714
1 Introduction 714
2 The nature of a funds transfer 715
3 Terminology 719
4 Credit/debit transfers 720
5 Clearing and settlement 726
6 Clearing systems and clearing rules 731
7 Duties of the banks involved in a funds transfer 733
8 Countermand 754
9 Completion of payment 756
10 Unwanted payments 763
19 Cheques and other instruments 768
1 Cheques 768
2 Promissory notes 799
3 Banker’s drafts 802
4 Travellers’ cheques 802
20 Payment cards 804
1 Introduction 804
2 Types of payment card 808
3 Contractual networks 811
4 The regulation of contractual relationships 833
5 Liability for unauthorised transaction 838
6 Connected lender liability 841
PART VI THE FINANCING OF INTERNATIONAL TRADE
21 The financing of international trade 847
1 Documentary bills 847
2 Documentary credits 849
3 Standby credits, performance bonds and guarantees 913
4 Other financing methods 926
5 Export credit guarantees 928
22 Assignment of choses in action 929
1 Introduction 929
2 Statutory assignment 938
3 Equitable assignment 953
4 Principles applicable to both statutory and equitable assignments 965
23 Receivables financing 1014
1 General introduction 1014
2 Financing by sale 1024
3 Financing by secured transactions 1041
4 Equities affecting assigned receivables 1066
5 Priorities 1066
6 Reform 1069
7 International factoring 1069
PART VII COMMERCIAL CREDIT AND SECURITY
24 Introduction 1073
1 Commercial credit 1073
2 Security 1075
25 Possessory security 1089
1 Pledge 1089
2 Lien 1104
3 Reform 1120
26 Non-possessory security 1121
1 Mortgage 1121
2 Equitable charge 1129
3 Equitable lien 1136
4 Statutory control 1137
5 Reform 1146
27 Guarantees 1148
1 The legal nature of a guarantee 1148
2 Guarantee and indemnity distinguished 1149
3 Characterisation 1149
4 Types of guarantees 1155
5 The contract of guarantee 1158
6 Relations between creditor and surety 1169
7 Relations between surety and principal debtor 1182
8 Relations between co-sureties 1183
PART VIII PRINCIPLES OF INSURANCE LAW
28 Insurance 1187
1 Introduction 1187
2 Formation of the contract 1190
3 Content and interpretation of the contract 1196
4 Liability of the insurer 1200
5 Rights of the insurer 1203
6 Marine insurance 1204
PART IX INSOLVENCY LAW
29 Insolvency 1207
1 Introduction 1027
2 The basic objectives of insolvency law 1208
3 The various definitions of insolvency 1210
4 Insolvency procedures 1211
APPENDIX FORMS
1 Commercial invoice 1241
2 Combined transport bill of lading 1243
3 Application to open documentary credit 1251
4 Irrevocable documentary credit 1253
5 Advice to beneficiary of in-coming confirmed credit 1258
6 Advice to beneficiary of in-coming unconfirmed credit 1268
7 Agreement for the purchase of debts 1275
8 Master block discounting agreement 1277
Index 0000

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If you wish to locate similar books to “Commercial law: text, cases, and materials”, they can be found under the 346.4207 in a public library, and the Library of Congress call numbers starting with KD1629 in most university libraries. If you wish to look up similar titles to “Commercial law: text, cases, and materials” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

Commercial law
England
Wales

Commercial law: text, cases, and materials

Commercial law: text, cases, and materials