Available in full-size hardback format, the fourth edition of this highly acclaimed work is used extensively by commercial lawyers in this country and overseas. It combines an in-depth treatment of personal property and commercial law with a penetrating analysis of key issues in typical commercial and financial transactions.
As part of its synthesis of theory and practice the book discusses typical contract structures to demonstrate how contractual relationships can be organised in different ways to produce or avoid a desired legal result. This new edition brings the text up-to-date with Companies Act 2006 changes, developments in the law of security, case law on charges and all other developments.
By Professor Sir Roy Goode CBE, QC, LLB 1954, LLD 976, Lond, FBA, 1988, FRSA 1990, Barrister (IT) 1988, Hon Bencher, (Solr 1955-88); Hon. DSc Econ (Lond) 1996; Hon LLD (University of East Anglia) 2003, Norton Rose Professor of English Law and Fellow, St John's College 1990-1998, Emeritus Professor of Law and Emeritus Fellow of St. John's College, Former Chairman Exec Committee, JUSTICE; Member of Council, Br Inst Int and Comp Law; Member, DTI Committee on Arbitration, 1985 and of Civil and Fam Committee of Judicial Studies Board, Member of Governing Council of International Institute for the Unification of Private Law (UNIDROIT) 1988-2003 and; Professor Ewan McKendrick, Herbert Smith, Professor of English Private Law, BCL, MA, LLB (Edinburgh), Barrister of Gray's Inn is Professor of English Private Law, Fellow of Lady Margaret Hall.
He is a member of the Editorial Committee of Current Legal Problems and a member of the Advisory Editorial Board of the Edinburgh Law Review. He is a member of Chambers at 3 Verulam Buildings, Gray's Inn
Part I:
The Foundations of Commercial Law
The nature and sources of commercial law
Basic concepts of personal property
Some aspects of contract law
Commercial contracts
Agency in commercial transactions
Part II:
Domestic Sales
A brief history of sales law
The contract of sale: its nature and function
The passing of the property
Risk and frustration
Delivery
The statutory implied terms in favour of the buyer
Rejection and its consequences
Acceptance
The buyer’s remedies for misrepresentation or breach by the seller
Duties of the buyer and remedies of the seller for misrepresentation or breach. Title conflicts between seller or buyer and third parties
Part III:
Money, Payment and Payment Systems
Concepts of money and payment
Instruments generally
Bills of exchange
Cheques and the duties of bankers in relation thereto
Other instruments
Part IV:
Secured Financing
The classification and characteristics of credit and security
The creation, enforcement and transfer of security rights. Principles of perfection and priorities
The floating charge
Part V:
Specific Forms of Secured Business Finance
General financing considerations
Conditional sale and hire-purchase
The finance lease
Financing against stock and receivables
Guarantees
Part VI:
Corporate Insolvency
Principles of corporate insolvency law
Part VII:
International Trade and Finance
The characteristics and organisation of international sales transactions
The Vienna Convention on international sales
Documentary sales
The financing of international trade
Rights and duties of the sea carrier
Conflict of laws
Part VIII:
The Resolution of Commercial Disputes
Litigation
Commercial arbitration
Part IX:
Envoi
Final reflections
Index
“There is, without doubt, no better commercial law text. For less than £150, any commercial lawyer should seriously consider buying this text.”
Student Law Journal, review of the previous edition
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