Sale of goods law Books

Book SynopsisThis book delivers detailed analysis of the substantive law for the sale of goods in domestic and international transactions, and comparatively analyses three major sources: The UN Convention on Contracts for the Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, and Article Two: Sales of the Uniform Commercial Code.Table of ContentsChapter 1: Introduction Chapter 2: Detailed Comparison of the Convention, the Unidroit Principles, and Article 2 of the UCC Chapter 3: Unidroit Principles not Covered in the Convention Chapter 4: Shipping Terms and their Usage

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Book SynopsisConsumer credit information systems are the tools used by the majority of lenders to manage credit risk, with lenders accessing credit reference databases managed by third party providers to evaluate a consumerâs credit application. So far, the subject of consumer credit reporting has been left to the predominant attention of the economic and business management scholarship and little or no consideration has been paid by lawyers. This book aims to rectify this by examining the legal framework and compliance in the European Community (EC) of such consumer information sharing arrangements which have become increasingly integrated in the credit granting practices of the Member States. The book looks at the laws which surround and affect consumer credit reporting, including bank secrecy obligations. Consumer credit reporting and its relationship to human rights is also explored, as every individual is in the EC is entitled to informational privacy. The book asks questions such asTable of Contents1. Introduction 2. Consumer Credit Reporting in the Economy 3. The Lack of a Legal Perspective 4. Historical Background: The Cultural Framework 5. The Institutional and Legal Standing in the EC 6. Reputation, Privacy, and the Law 7. Legal Compliance 8. Conclusions

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Book SynopsisThis book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract.Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikelTable of Contents1. The Sources of Contracts Concluded on Shipment Terms 2. The Legal Nature of c.i.f and f.o.b. Contracts 3. The Creation of a Contract Concluded on Shipment Terms 4. Incorporation of Standard Terms 5. The Sale Contract and the Transport Obligations of the Seller 6. Bills of Lading and their role in Contracts Concluded on Shipment Terms 7. The Transfer of Risk 8. The Transfer of Property in Contracts concluded on Shipment terms 9. Performance of a Contract Concluded on Shipment Terms: the Sellers’ Physical Duties 10. The Seller’s Documentary Duties 11. Letters of Credit and Contracts Concluded on Shipment Terms 12. Rejection and termination of contracts concluded on shipment terms 13. The Vienna Convention on International Sale of Goods

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Book SynopsisProfessor Charles Wild (PhD, MBA, LLM, PCHE, LPC, CPE, BSc (Econ)) is a leading authority on company law, has lectured widely, both in the UK and abroad, and acts as consultant to a number of public and private bodies.   Professor Stuart Weinstein (JD, MBA, BA) is a solicitor and attorney with over twenty years' practice experience in the US, UK and Korea, is a recognized expert on legal risk management in companies, and is a Swift Institute Scholar.  Table of Contents Brief contents Preface to the eighteenth editionLaw report abbreviationsTable of casesTable of statutes1 An overview of company law2 Partnerships and Limited Liability Partnerships (LLPs)3 Promotion, incorporation, membership and people with significant control4 The corporate veil5 Corporate governance6 The memorandum of association7 The articles of association8 Altering the articles of association9 The company and its contracts10 Directors and management11 The duties of directors12 Vacation of office, disqualification and the personal liability of directors13 Meetings and resolutions14 Allotments, calls and forfeiture of shares15 Shares and share capital16 Shares – payment and transfer17 Company flotations and insider dealing18 Capital maintenance and distribution19 Debentures and charges20 The statutory derivative action21 The protection of minorities22 Corporate insolvency – company rescue23 Corporate insolvency – procedures other than rescue24 Corporate insolvency – winding-up in contextIndex

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Book SynopsisThe second edition of this seminal text provides an authoritative ‘article-by-article’ commentary on the CISG. Moreover, it goes further than existing literature by taking account of those various legal settings in which the CISG operates. Strictly following the structure of the Convention itself, it examines specific topics such as E-Commerce and the CISG and comparative texts such as Unidroit Principles of International Commercial Contracts and the European Principles of Contract Law. The Incoterms are also dealt with in detail. With a truly global and stellar line up of contributors, this is an invaluable tool for all lawyers practising in the field.

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Book SynopsisThis is a time of extraordinary change: technology is transforming interpersonal and business communication, including marketing and advertising to consumers. Products are evolving as a result of innovation. Even the way consumers are paying for goods and services is being revolutionised, as electronic payment systems serve up new and inventive ways to exchange money. Increasingly, people of all ages are using wireless phones and devices for communicating, for information gathering, and for entertainment- in all types of locations. And, as new wireless technologies are introduced, so too are new and expanded ways to get information and be entertained via your wireless phone or device. This book examines ways to adapt consumer protection strategies to ensure that all consumers, including the vulnerable, are equally well served. Applying existing policies and creating new ones is also looked at to address emerging challenges regarding new technologies and products that may be unfamiliar to consumers. This book also discusses how the ever-expanding number of marketing channels in the world-wide marketplace will be monitored for instances of deception of unfairness and finally, the collaboration with law enforcers from around the world will be examined to protect consumers in the global marketplace.

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Book SynopsisDebattista on Bills of Lading in Commodity Trade provides not so much a linear road-map as a GPS system, allowing the reader to locate which aspect of the bill of lading is central to the dispute they are dealing with and evaluating that aspect from the perspective of each of: (1) the contract of sale; (2) carriage contract and (3) letter of credit. The title examines questions such as: How can a buyer ensure in their sale contract that the bill of lading the buyer receives from the seller gives them secure title to sue the carrier? What impact does the choice of a particular Incoterms rule have on whom the carrier can sue under the contract of carriage? Where there is a claim by a buyer/cargo-claimant for loss, damage or delay to goods, must they factor any gains or benefits made under the sale contract claim/settlement into the quantum claimed in the cargo-claim against the carrier? What is a ‘charterparty bill of lading’ - and can it be tendered under a letter of credit? When and why might a seller need to “switch” bills of lading for its buyer or its bank - and does the seller have a right to demand the switching of bills under the Hague-Visby Rules? All of these questions – and many others like them – cut across areas of law normally siloed in academic and practitioner texts. The purpose of this title is to make links and draw out connections, with a view to assisting lawyers when a dispute arises – and others drafting different contracts seeking to avoid problems arising in the first place. The fourth edition of this work, now bearing a new title and benefitting from the arrival of a co-author, has been fully revised to take account of case-law and regulatory developments in the twelve years since the last edition. This title is included in Bloomsbury Professional's Maritime and Shipping Law online service.Trade Reviewconcise, well-argued answers...extremely useful addition to the armoury of practitioner and academic alike... * Cambridge Law Journal *...a very welcome book and given its intended niche focus is particularly useful to professionals, practitioners and students interested in commodities trading. * Journal of International Maritime Law *Table of Contents1 Documentary Sales on ‘Shipment Terms’ 2 The Buyer Obtains the Right to Delivery of the Goods Through Specific Types of Document 3 How a Seller Transfers Rights to a Buyer 4 The Point at Which the Buyer Assumes the Risk of Loss and the Circumstances in Which They can Sue the Carrier 5 The Time When Property Passes to the Buyer 6 The Bill of Lading is Tendered as a Receipt for the Goods That Have Been Shipped 7 Tender of the Bill of Lading as a Contract of Carriage 8 Tender of Bills of Lading Under Charterparties 9 Rejecting Documents and Goods Appendix: Statutes Sale of Goods Act 1979 Carriage of Goods by Sea Act 1971 Carriage of Goods by Sea Act 1992

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Book SynopsisThis incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection. Sarah Brown traces the development of the consumer credit relationship on both sides of the Atlantic, analysing the underlying rationale and policy themes that continue to inform the shaping of the regulatory agenda. The author compares the ways in which the consumer credit relationship is now managed, including supervisory frameworks and the roles of regulators, and provides new perspectives on current arguments in credit consumer protection. Important topical issues such as unfairness, over-indebtedness, predatory lending, vulnerability and questions of responsibility are addressed, before concluding with a recommendation for the best way forward based on a balance of interests. Researchers and students aiming to understand the processes and broader aspects of consumer credit regulation will find this book invaluable, particularly those with an interest in comparative analysis in this context. It will also prove useful to US and UK policy-makers considering future approaches and reform, as well as practitioners interested in frameworks of consumer credit protection.Trade Review'Based on the consistent and thoughtful comparison of UK and US consumer credit regulation, this book offers new and inspiring reading on many of the foundational issues of consumer credit law. The author compares not only the development of policy choices and supervisory frameworks, but also topical consumer protection challenges, like the protection of vulnerable consumers and the importance of responsible lending. Credit lawyers, consumer lawyers and comparative lawyers will all find the book enjoyable and useful.' --Thomas Wilhelmsson, University of Helsinki, Finland'Dr. Sarah Brown has produced a contemporary and innovative commentary on the relationship between the provision of credit and its consumers. The monograph is written just over a decade since the 2007-2009 financial crisis and provides an invaluable discussion on the negative consequences that can arise from the vibrant consumer credit market. The comparison between the UK and the USA provides a fascinating and absorbing exploration of a wide range of inter-disciplinary and inter-connected issues. The book is extremely well written and presents an excellent level of analysis and commentary. The central themes of the text are clearly illustrated and the research reaches several well thought out and constructed conclusions. Dr. Brown must be commended for producing an outstanding monograph that offers a unique and timely analysis.' --Nicholas Ryder, University of the West of England, UKTable of ContentsContents: Preface Acknowledgements 1. Introduction 2. Development of transatlantic consumer credit, regulation and policy 3. Policy and themes in managing the consumer credit relationship 4. The regulatory and supervisory frameworks for consumer credit 5. Persona, vulnerability and responsibility in the consumer credit relationship 6. Protection in creating of the consumer credit relationship 7. Rescuing the credit consumer: remedies and questions of fairness 8. Conclusion Index

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Book SynopsisThis thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed. Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society. This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach. Contributors include: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace Trade Review‘Djakhongir Saidov’s book on International and Comparative Sale of Goods Law is, indeed, both a Handbook and an outstanding research work. Saidov has accomplished the task of combining enriching contributions from high-profile academics and practitioners to provide a sound understanding of key aspects of the law governing the cross-border sale of goods and address the complex question he has identified. At the same time, the Handbook, as research work, offers stimulating lines of thought to those readers with a deeper background in the topic.’ -- Miquel Mirambell Fargas, European Review of Contract LawTable of ContentsContents: Preface Part I: Purposes of Modern Sales Law 1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’ Djakhongir Saidov 2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’ Lisa Spagnolo 3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)? Ulrich G Schroeter Part II: Looking into the Substance of Sales Law 4. ‘Sales Law and Digitised Material’ Sarah Green 5. ‘Trade Usages in International Sales Law’ Djakhongir Saidov 6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’ Andrew Tettenborn 7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”? Miriam Goldby Part III: Standard Form Contracts and Trade Terms 8. ‘Are Commercial Standard Form Contracts Efficient?’ Clayton P Gillette 9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’ Michael Bridge 10. ‘Incoterms® and the Standardization of the International Sales Law’ Juana Coetzee Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains 11. ‘Long-Term Gas Sales Agreements’ Marc Hammerson and Emma Richardson 12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’ Patrick Wallace 13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’ Fabrizio Cafaggi Part V: Intersections with other Areas 14. ‘The Impact of Arbitration on the Development of International Sales Law’ Richard Aikens 15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’ Michael Schillig 16. ‘Consolidation and Disintegration in Trade Finance’ Christopher Hare Index

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Book SynopsisAn authoritative and comprehensive legal text on all aspects of age restricted goods and services in England and Wales. Now in its third edition, the book covers all of the latest changes to age restrictions, including offensive weapons, cosmetic fillers and unmanned drones. It also has a new chapter exploring the emerging standards and laws for online safety and age assurance. The book cross references all relevant case law, official guidance and legislation with a guide as to relevant factors for law enforcement officers to consider. It is an essential text for anyone engaged in under age sales enforcement or corporate compliance departments focussed on avoiding under age sales. The book is set out by reference to the broad categories of age restriction and separate chapters on establishing a ‘due diligence’ defence and the powers and duties of law enforcement officers. Age Restricted Sales is the only comprehensive and authoritative legal text on the subject and will be an essential book for trading standards officers, licensing officers, police licensing officers, solicitors, barristers, corporate compliance departments, community safety officers.

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Book SynopsisEuropean Sales Law: Challenges in the 21st Century contains more than two decades of EU sales law history. In the early 2010s, a full-fledged (optional) EU Sales Law Code was on the agenda. However, this endeavour failed. In 2019 two directives took up the central ideas ? the 2019/770 Digital Content Directive and the 2019/771 Sale of Goods Directive. The digital content part attracted considerably more attention while the sales part was arguably including the more doctrinal and foundational reform of EU Sales Law, first enshrined in the 1999/44 Directive. This volume focuses on the sales reform. After 20 years, the novelties range from more detailed structures to completely new phenomena such as goods with digital components, as well as innovative policies like sustainability in the design of contract law, and finally even a scission within contract law triggered by servitisation. The contributions take up the important aspects of this doctrinal and policy design-oriented reform of EU sales law. The volume thus discusses system building in this renewal, the challenges lying ahead, the lacunae still to be filled and the changes needed to reap the benefits of the (policy) reform. This begins with a much more nuanced typology of goods for sale, including durable or refurbished goods (both with links to sustainability) and goods with digital elements (important for high-performance goods, as well as long-term use). It continues by presenting a changed concept of conformity of goods, including durability, requiring an adaptation with respect to the digital components. Besides, long-term-use related services as well as questions regarding ethical/ecological production processes are also discussed. A side-aspect examined within the book is the subjective versus objective definition of conformity. Additionally, some chapters enquire into the overall network (distribution chains) and its impact on durability, sustainability, good incentive structures, and remedies. The focus on the priority of repair and the (potentially problematic) regime of (rather short) limitation periods, as well as issues regarding the reversal of burden of proof stand out. In a final larger segment, the radical alternative of goods coupled with service or digital elements, as well as the shift from sale of goods to servitisation contracts aimed at putting a certain type of good at permanent, yet revolving, disposal, come under discussion.YESIM M. ATAMER (Prof. Dr. iur and Dr. h.c. (Hamburg University), LLM (Istanbul University)) is Professor at University of Zurich, Faculty of Law, Chair for Private, Commercial, European and Comparative Law. She was previously Professor at Istanbul Bilgi University and is an elected titular member of the International Academy of Comparative Law, the International Academy of Commercial and Consumer Law, Academia Europaea, and the Science Academy, Turkey. Her main areas of research are law of domestic and international sale of goods, comparative consumer and contract law, and regulation in contract law.STEFAN GRUNDMANN (Prof. Dr. iur and Dr. phil., LLM (Berkeley ? University of California)) is Professor at Humboldt University Berlin, Faculty of Law, Chair for Private, Commercial, European, International and Comparative Law. He was previously Professor at Martin-Luther-University Halle-Wittenberg, and Professor at University Erlangen-Nü rnberg, European University Institute (EUI), Florence. He is President of the European Law School (network Berlin/London/Paris/Rome/Amsterdam/Athens/Lisbon/Madrid), of the Society of European Contract Law (2002-22), and of the (German) Gesellschaft fü r Rechtsvergleichung. His main areas of research are German, European and Comparative Contract, Banking and Company Law, Regulation and Pluralist Law Theory.

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Book SynopsisAll modern legal systems with advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada,the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required -- a collective solution to debtor's problems - and this, the solution provided by modern insolvency systems, is the focus of this study.Trade Review...should have a lasting influence on the continuing debate about consumer credit and consumer bankruptcy going on across Europe. Adrian Walters Journal of Consumer Policy, Vol.28, Issue 2 2005 We are much indebted to Hart Publishing. So far as I am aware, no books dealing with consumer insolvency have previously been published in this country, and we now have two [Comparative Consumer Insolvency Regimes and Consumer Bankruptcy in Global Perspective] launched in the same month. And they are in many respects complementary, even to the point of having cross-references to each other, as well as being especially timely, in view of the reforms to the law of bankruptcy in England and Wales effected by the Enterprise Act 2002 The two books are a rich source of comparative study extending over a wide range of jurisdictions. These well-researched and informative books make most interesting reading and are to be commended to general as well as specialist readers. Len Sealy Cambridge Law Journal August 2004Table of ContentsPart A Introduction 1 Purpose of Study Part B Country Surveys 11 2 Canada 3 United States 4 Australia 5 England and Wales 6 Scotland 7 Scandinavia and Continental Countries of Western Europe Part C Assessing the Various Insolvency Regimes and Suggestions for Changes 8 Assessment and Suggestions for Changes

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Book SynopsisContractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.Trade Reviewan important addition to the literature this is a book which will be of interest to many, and it deserves to be read widely. Christian Twigg-Flesner Journal of Consumer Policy 2009 The thrust of Vanessa Mak's thesis ... is a very rich comparative analysis of the 'performance-oriented remedies' in sale of goods contracts. We have nothing but praise for the clarity, the courage and the intelligence with which Vanessa Mak develops what she hold to be the best remedial regime for a future unique European sales law Yves-Maries Laithier European Review of Contract Law Vol. 5, 2009, No. 4 It is a crisp combination of comparative law expertise and obligations scholarship, with a clear end in mind; its exposition is correspondingly limpid and ordered. This book is a well-written and excellent piece of work, and will be very valuable background reading for students and professors of contract and comparative law. It therefore comes with your reviwer's unreserved approval. Go out and buy it-or if you cannot do that, at least nag your library into getting it. Andrew Tettenborn European Law Review Volume 35, April 2010Table of Contents1-Introduction I. Scope of the Project 1. Jurisdictions and Legal Rules under Consideration 2. Limitations to the Substantive Scope of the Project II. Background and Theoretical Framework 1. The Civilian Tradition: German and Dutch Law 2. The Common Law Tradition: English Law III. Outline of the Project 2-Harmonisation of European Sale of Goods Laws I. Introduction II. Contracts, Sales Contracts and Harmonisation 1. Sales Law and European Contract Law a) Harmonisation of Contract Law in Europe b) Should Sales Law Lead the Way? 2. European Sales Law-The Road Ahead a) Harmonisation of Consumer Sales Law b) CISG and European Sales Law c) PECL or CISG as a Basis for Harmonisation of European Sales Law? 3. Conclusion III. The Boundaries of European Sales Law 1. 'One is More than Two' a) Issues of Delimitation b) A Transaction Costs Approach c) Consumer Protection and Consumer Confidence 2. Harmonisation-An Assessment of the Current Position 3. Conclusion 3-The Nature and Scope of Performance-Oriented Remedies I. Introduction II. The Nature of Performance-oriented Remedies 1. The Binding Nature of Contractual Obligations 2. The Nature of Performance: Rights or Remedies? a) Basic Notion: 'Performance-oriented Remedies' b) 'Discretionary Remedialism' c) Sub-division into Rights and Remedies 3. The Performance Interest Protected through Performance-Oriented Remedies a) The Under-Compensation Argument b) The Intentions of the Parties III. The Scope of Performance-Oriented Remedies 1. Utilitarianism v Rights-Based Theory 2. Limitations Based in Efficiency 3. Limitations Based in Moral Rights Reasoning IV. Conclusion 4-The Buyer's Entitlement to Specific Performance I. Introduction II. The Basis for Specific Performance in English Sale of Goods Law 1. Unique Goods and Section 52 of the SGA 2. Commercial Uniqueness a) Value of the Goods to the Buyer b) Temporary Unavailability of Substitutes c) Quantification of Damages III. A Wider Perspective-Specific Performance in German and Dutch Law 1. General Availability of Specific Performance 2. Limits to Specific Performance-The Other Side of the 'Appropriateness' Test IV. Restrictions on Specific Performance-Common Law and Civil Law Compared 1. English Law Bars to Specific Performance a) Impossibility b) Severe Hardship 2. Civil Law Bars to Specific Performance a) Impossibility b) Good Faith as a Bar to Specific Performance 3. Common Law and Civil Law Restrictions Compared a) Weight Attached to Restrictions on Specific Performance b) Good Faith as a General Restriction on Specific Performance 4. Conclusion V. Specific Performance in European and Other Uniform Sales Laws 1. The Basic Principle-General Availability of Specific Performance 2. Bars to Specific Performance VI. Conclusion 5-Repair and Replacement I. Introduction II. Repair and Replacement: Definitions 1. Repair 2. Replacement III. Repair, Replacement and Specific Performance IV. The Buyer's Freedom of Choice 1. The Choice between Performance-Oriented Remedies, Damages and Termination 2. The Choice between Repair and Replacement V. Restrictions on the Freedom of Choice 1. The Proportionality of the Remedy a) Proportionality and Damages b) Proportionality and Termination or Price Reduction 2. Elements of the Proportionality Test a) Value of the Goods b) Significance of the Lack of Conformity c) Inconvenience to the Buyer 3. Repair and Replacement in Commercial Sales a) The Availability of Repair and Replacement in Commercial Sales b) Restrictions on Repair and Replacement-The Proportionality Test in Commercial Sales VI. Conclusion 6-The Seller's Right to Cure I. Introduction II. Policy Issues III. Cure Before the Due Delivery Date 1. Cure in the Light of the Relationship between the Right to Withhold Performance and the Right of Termination 2. Cure, Tender and Delivery 3. Cure between Rejection and Termination 4. Conclusion IV. Cure after the Due Delivery Date 1. Where Time is of the Essence 2. Where Time is not of the Essence a) Basis of the Right to Cure b) The Time Period for Cure c) Notice or No Notice? 3. Conclusion V. Informal Attempts at Cure 1. The Time Period for Cure 2. Acceptance of Repaired Goods 3. Rejection and Termination Revisited VI. Conclusion 7-Cure: Enforcement, Limitations and the Hierarchy of Remedies I. Introduction II. Enforcement of the Right to Cure 1. The Buyer's Obligation to Take Delivery 2. Safeguards for the Buyer III. Limitations to the Right to Cure 1. Limitations-Cure Compared with Specific Performance 2. Limitations to Cure Based on Moral Rights Reasoning a) 'Unreasonable Expense' b) 'Unreasonable Inconvenience' 3. Conclusion IV. Cure and the Hierarchy of Remedies V. Conclusion 8-Conclusion I. The Buyer's Entitlement to a Performance-Orient

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Book SynopsisBased on the earlier Consumer Law: Text, Cases and Materials by David Oughton, Textbook on Consumer Law seeks to explain the general principles which underlie consumer protection law and the many ways in which those principles are applied. It provides students of consumer law with an up-to-date and readable text on the subject.Topics of central importance are those of consumer redress, product quality, product safety (including food safety), consumer services law (with particular reference to repair services), holidays, consumer insurance and consumer finance.There is also a discussion of the various methods by which advertising, sales promotion practices and misleading claims are regulated. Where appropriate, domestic law is related to the general principles and policies of European Community law which have increasingly come to recognise the consumer interest. In this respect, account has been taken of the effect of the Treaty of Amsterdam which, amongst other things, has renumbered many of the familiar provisions of the Treaty of Rome. Textbook on Consumer Law, also considers the relevant merits and disadvantages of business self-regulation under both trade association codes of practice and the growing number of statutory codes of practice introduced to reduce the burdens on business created by legislative intervention.This edition takes account of a number of recent judicial decisions in the appellate courts and below, and also takes account of the provisions of the Contracts (Rights of Third Parties) Act 1999, the Access to Justice Act 1999, the Civil Procedure Rules 1998, the Food Standards Act 1999, the Human Rights Act 1998, the Unfair Terms in Consumer Contracts Regulations 1999 and the EC Directive on Consumer Sales and Associated Guarantees 1999.

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