By John N Adams & Hector MacQueen

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:

• Ø Increased emphasis of e-commerce issues affecting the sale of goods
• Ø Coverage of the Convention on International Sale of Goods and its implications for domestic sale of goods law
• Ø Discussion of the Department for Business Enterprise and Regulatory Reform's consultation on consumer law
• Ø Expanded coverage of relevant decisions made in other common law jurisdictions
• Ø 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.

The book is a valuable point of first reference for practitioners of commercial law.

Contents:

Part I - Nature & formation of the contract of sale

• 1. sources of the law of sale of goods
• 2. definition & nature of the contract of sale
• 3. formation of the contract
• 4. formalities
• 5. distance selling, including e-commerce
• 6. subject-matter of the contract
• 7. the types of obligation created

Part II - The duties of the seller

• 8. the existence of the goods
• 9. the duty to pass a good title
• 10. the duty to deliver the goods
• 11. the duty to supply the goods at the right time
• 12. the duty to supply goods in the right quantity
• 13. the duty to supply goods of the right quality
• 14. exclusion of seller's liability
• 15. product liability and consumer protection
• 16. manufacturers' guarantees

Part III - The duties of the buyer

• 17. the duty to pay the price
• 18. the duty to take delivery

Part IV - The effects of the contract

• 19. the transfer of property
• 20. risk and frustration
• 21. transfer of title by a non-owner

Part V - Export sales

• 22. export sales
• 23. export and import licences
• 24. bankers' commercial credits
• 25. International Convention on Sales of Goods (‘CISG')

Part VI - The remedies of the seller

• 26. real remedies
• 27. personal remedies

Part VII - The remedies of the buyer

• 28. Rejection of the goods and additional rights of buyer/transferee of goods in consumer cases
• 29. rescission for misrepresentation
• 30. action for damages
• 31. specific performance or implement

Index