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Benjamin's Sale of Goods
Benjamin's Sale of Goods
10th Edition
Series:  Common Law Library
ISBN:  9780414063969
Published by:  Sweet & Maxwell
Publication Date:  21 Nov 2017
Format:  Hardback
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The 10th edition of Benjamin’s Sale of Goods provides comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. First published in 1868, this title is a must-have purchase for commercial practitioners, academics and barristers.

Benjamin’s Sale of Goods leaves you safe in the knowledge you have the expert counsel to rely upon, even when faced with the most complex challenges.
The answers you need are at your fingertips, allowing you to find answers quickly and work with confidence.

The 10th edition takes in major changes to the law since the previous, most importantly:
  • The Res Cogitans case: a highly significant decision that means a supplier of goods reserves title to them pending payment, but permits the recipient to consume some or all of those goods before the property passes, then the contract is not one of sale at all. Benjamin’s Sale of Goods up-to-date new edition guides you through this case law and its implications for those working in this area.
  • The Consumer Rights Act: this extracts from the Sale of Goods Act all provisions that apply only to consumer sales and also in many but not all instances disapplies the Sale of Goods Act when the contract is a consumer sale. It is imperative for consumer lawyers to learn how to navigate between the two Acts, which makes the expert commentary you can rely upon in Benjamin’s Sale of Goods an absolute necessity, ensuring you get it right for your clients.

Key Features:

  • Comprehensive coverage which covers the needs of practitioners interested in all areas of sale of goods case law
  • Clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values  
  • Offers full treatment and analysis of the Consumer Rights Act 2015 as it affects sale of goods contracts
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection


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CONTENTS
Part one : Nature and formation of the Contract of Sale;
  • 1 The contract of sale of goods;
  • 2 Formation of the contract;
  • 3 Application of general contractual principles;
Part two : Property and risk;
  • 4 The title of the seller;
  • 5 Passing of property;
  • 6 Risk and frustration;
  • 7 Transfer of title by non-owners;
Part three : Performance of the contract;
  • 8 Delivery;
  • 9 Acceptance and payment;
Part four : Defective goods;
  • 10 Classification of statements as to goods;
  • 11 Terms as to description and quality implied by the sale of goods act;
  • 12 Remedies in respect of defects;
  • 13 Exemption clauses;
Part five : Consumer protection;
  • 14 Consumer protection;
Part six : Remedies;
  • 15 The seller’s remedies affecting the goods;
  • 16 Other remedies of the seller;
  • 17 The remedies of the buyer;
Part seven : Overseas sales;
  • 18 Overseas sales in general;
  • 19 CIF contracts;
  • 20 FOB contracts;
  • 21 Other special terms and provisions in overseas sales;
  • 22 Negotiable instruments in overseas sales;
  • 23 Documentary credits; 24 Autonomous guarantees;
  • 25 Export credit guarantees;
Part eight : Conflict of laws;
  • 26 Conflict of laws;
Appendix : The Sale of Goods Act 1979

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