DOCSLIB.ORG

The Timing of the Passing of Property and Risk Under the English Sale of Goods Act 1979, The

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Timing of the Passing of Property and Risk Under the English Sale of Goods Act 1979, The THE TIMING OF THE PASSING OF PROPERTY AND RISK UNDER THE ENGLISH SALE OF GOODS ACT 1979, THE CISG AND THE LIBYAN LAW– THE INTERPLAY BETWEEN THE PRINCIPLE OF PARTY AUTONOMY AND THE DEFAULT RULE A THESIS SUBMITTED TO THE UNIVERSITY OF STIRLING FOR THE DEGREE OF DOCTOR OF PHILOSOPHY (PhD) BY ANWAR ABOUKDIR .A. ABOUKDIR LL.B., L.LM. Based on research conducted in Stirling Law School, University of Stirling August (2016) Abstract This thesis attempts to critically and comparatively analyse the issues relating to the passing of property and risk under the United Nations Convention on the Contract for International Sale of Goods (CISG) and English Law (SGA). The passing of property and risk plays a central role in the area of international legislation in relation to sales contracts. These elements can be the most significant components in contracts of sale between parties, whether in the international or domestic field. The reason is founded on their legal nature and the close relationship between them. The passing of property and risk has been a central issue for practitioners, judges and lawyers dating back to the Roman period and several ideas have been proposed to resolve it. Where the situation is different for contracts of sale in relation to the passing of property and risk, whether in the domestic or international field, it still creates many unresolved problems, because of ongoing changes in the field of modern commerce, which may contribute to unfair implications between the parties. It has been observed in this thesis that both English law and the CISG adopt the party autonomy principle, where the intention of the parties - whether in relation to the passing of property or risk - is the basic rule. However, the difference lies in the default rules. While English law involves default substitutional rules, which apply in cases where there is an absence of an expressed or implied indication regarding the intention between the parties, the CISG lacks such default rules regarding the transfer of property, which could be viewed as its main weakness, although the CISG does involve such provisions with respect to the transfer of risk. This thesis willdiscusses, the legal nature of the rules in relation to the passing of property and risk, and the role of the party autonomy principle, and the impacts and legal difficulties that might arise through the application of these rules, whether they are default rules or based on the party autonomy principle. It will also examine the legal gaps and weaknesses of both legal systems in an attempt to identify such legal difficulties and to find appropriate solutions and remedies. II Acknowledgement I wish to express my deepest gratitude to my principal supervisor, Dr Hong-Lin Yu, who has given me endless support and encouragement. Completion of this work would not have been possible without his ideas and constructive criticisms, in addition to his tireless efforts. I am also very grateful for giving me the chance to embark on a research study which was exciting, challenging, successful and enjoyable. Thanks are also due to the staff in the Law School, University of Stirling for being keen to help always. I would like to thank my family here in Glasgow and in Libya for their understanding, encouragement, endless love, support and patience. Last, but not least, I would like to thank the Libyan Government and Libyan Cultural Affairs Bureau for their financial support. III Author’s Declaration I hereby declare that all the work in this thesis unless otherwise indicated is entirely my own contribution and was performed by me in the Law School, University of Stirling between June 2012- May 2017. Anwar A.A. Aboukdir IV Dedication I dedicate this work to my Wife Dr Fadia Gujam who supported me throughout my studies. This work is also dedicated to my lovely daughter Maryam, who dislodged the cloud and brightened my life again. V Abbreviations C&F- Cost and Freight. CFR- Cost and Freight. CIF- A Cost, Insurance and Freight. CISG- United Nations Convention on the Contract for International Sale of Goods 1980. CPT- Carriage Paid To. DAF- Delivered at Frontier. DDP- Delivered Duty Paid. EXW- Ex Works (named place of delivery). FAS- Free Alongside Ship. FOB- Free On Board. ICC- International Court of Arbitration. INCOTERMS -International Commercial Terms of the ICC, revised 2000. PECL- Principles of European Contract Law. SGA –Sale of Goods Act 1979. ULIS -Convention relating to a Uniform Law on the International Sale of Goods 1964. UN- United Nations. UNICITRAL-United Nations Commission on International Trade Law. UNIDROIT- The International Institute for the Unification of Private Law. VI List of cases B.R.K Oteshwara Rao Vs G.Rameshwri Bai AIR 2004 A.P.34. Frozen chicken case. Germany 20 November 1992 Appellate Court Karlsruhe. Wire and cable case. SWITZERLAND Appelationshof Bern 11 February 2004. Lloyd's Rep. 1 (H.L.) [1981] 2. Lloyd's Rep. 654 [1986] 2. Libyan Supreme Court no 8571, 66. 22 /12/ 1970. Libyan Supreme Court no 223, 57. 22 /11/ 1990. Arbitration International Chamber of Commerce No. 7197 1993. Arbitration Court attached to the Hungarian Chamber of and Industry, Hungary, 163.10 December 1996. Jasmine aldehyde case (Arbitration; China) 1995/01 23 February 1995. 2 U 175/95 OLG Köln OLG Oberlandesgericht Provincial Court of Appeal (Germany)1997 9 July 1997. Cantone del Ticino Tribunale d’appello, Switzerland, 253. 15 January 1998. Oberlandesgericht Oldenburg, Germany, 340, 22 September 1998. Amtsgericht Duisburg, Germany, 360. 13 April 2000. Cámara Nacional de Apelaciones en lo Comercial [Appellate Court] (Argentina) 47.448 . 1995 31 October 1995 (José Luis Monti and Bindo B. Caviglione Fraga). 5 Uncitral y.b. 92, u.n. doc. a/cn.9/ser.a/1974 Acraman v Morrice [1849] 8 C.B.449. Badische Anilin und Soda Fabrik v Hickson [1906] A.C. 419. Aldridge v. Johnson (1857) 119 E.R. 1476. VII Audiencia Provincial de Córdoba. 247. Spain Audiencia Provincial de Córdoba 31 October 1997. Astra Trust Ltd v. Adams and Williams, 1969 Lloyd's Rep. 17, 28. (1969). B.G. Fruit Market Ltd v National Fruit (1949) 59 DLR 87. Bunge v. Tradax, [1981] 2 Lloyd's Rep. 1 (H.L.). Bowes & Co v. Shand & Co [1874-80] All ER Rep 174. Bundesgericht, Switzerland, 16 December 2008, available at http://cisgw3.law.pace.edu/cases/081216s1.html. BGH VIII ZR 18/94, Feb. 15, 1995 (F.R.G.), CLOUT Case No. 124, available at http://cisgw3.law.pace.edu/cases/950215g1.html. Cockburn's Tr v. Bowe [1920] 2 SLT 17. Carlos Federspiel & Co. SA v. Charles Twigg & Co. Ltd [1957] 1 Lloyd's Rep. 240. Clarke v. Wilson [1865] 144 Eng. Rep. 450. Comptoir d'Achat et de Vente du Boerenbond Belge S/A v. Luis de Ridder Limitada (The Julia), 1949 A.C. 293 (1949). Delchi Carrier SpA v. Rotorex Corp., 71 F. 3d 1024 - Court of Appeals, 2nd Circuit 1995. Demby Hamilton & Co Ltd v. Barden [1949] 1 All ER 435. Dennant v. Skinner and Collom [1948] 2 K.B.164. Donaghy's Rope and Twine Co Ltd v. Wight, Stephenson Co (1906) 25 NZLR641. District Court (Bezirksgericht) of Saane 20 February 1997 [T.171/95] available at http://cisgw3.law.pace.edu/cases/970220s1.html. Federal Arbitration Court for the Northwestern Circuit, Russian Federation, 3 June 2003, (Russian Federation) (Dmitriev V.V. (chairman), Zubareva N.A. and Kocherova L.I. (judges)). available at http://cisgw3.law.pace.edu/cases/030603r1.html. Germany Bundesgerichtshof [Federal Supreme Court] 9 January 2002, available online at <http://cisgw3.law.pace.edu/cases/020109g1.html. VIII Germany Landgericht [Lower Court] Kehl 6 October 1995, available online at <http://cisgw3.law.pace.edu/cases/951006g1.html. Live sheep case. Germany Oberlandesgericht Schleswig 22 August 2002 Germany 16 January 1992 Appellate Court Koblenz (Motor yacht case): available at http://cisgw3 law.pace.edu/cases/920116g1.html. Groom v. Barber [1915] 1 K.B. 316.. Hanson v. Meyer (1805) 6 East 614. Head v. Tattersall. (1871-72) L.R. 7 Ex. 7. Healy v. Howlett & Sons [1917] 1 K.B. 337. Hendy Lennox Ltd. V. Grahame Puttick Ltd. (1984) 2 All ER 152. Hinde v. Whitehouse (1806) 7 East 558. ICA Arbitral Tribunal 2/1995, May 11, 1997. ICC Arbitration case n.7197 of 1992. Jenner v. Smith (1869) LR 4 CP 270. Jewson Ltd. v. Kelly, 2003 E.W.C.A. Civ 1030 (2003). Joseph Reid Pty Ltd. v. Schultz 338 JQAT.(1949). Karlshamns Oljefabriker v. Eastport Navigation Corp [1982] 1 All ER 208. Kursell v. Timber Operators [1927] 1 K.B. 298. Kwei Tek Chao v. British Traders and Shippers Ltd., 1954 Q.B.2 459 (1954). Landgericht Bamberg, Germany, 23 October 2006 (Plants case), available on the Internet at http://cisgw3.law. pace.edu/cases/061023g1.html. Law & Bonar Limited v. British American Tobacco Company Limited [1916] 2 KB 605. Lord Eldon v. Hedley Bros [1935] 2 KB 1. Lusograin v. Bunge, [1986] 2 Lloyd's Rep. 654; IX Martineau v. Kitching [1872] LR 7 QB 436, 456. Margarine Union GmbH v. Cambay Prince Steamship Co. Ltd., 1969 Q.B.1 219 (1969). Miller v. Miller, (Ky) 296 SW2d 684. Mischeff v. Springett [1942] 2 All E.R. 349, 352. Oberlandesgericht Hamm, Germany, 338, 23 June 1998. Available at http://cisgw3.law.pace.edu/cisg/wais/db/cases2/980623g1.html. Oberlandesgericht Karlsruhe, Germany 317, 20 November 1992. Oberlandesgericht Koblenz, 16 January 1992, n. 5 U 534/91, in Recht der Internationalen Winschaft (1992)1019. Oberlandesgericht Köln, 283 Germany, 9 July 1997. Oberster Gerichtshof (Supreme Court) 15 October 1998 CLOUT case No. 240, Austria available online at http://cisgw3.law.pace.edu/cases/981015a3.html.
Load more

Recommended publications
  • Law Commission Report
    Consumer sales contracts: transfer of ownership HC 1365 Law Com No 398 Consumer sales contracts: transfer of ownership Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 22 April 2021 HC1365 LAW COM NO 398 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3. Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.lawcom.gov.uk/project/smart-contracts/. Any enquiries regarding this publication should be sent to [email protected]. ISBN 978-1-5286-2531-9 CCS 0421369540 04/21 Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office The Law Commission The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Nicholas Green, Chairman Professor Sarah Green Professor Nick Hopkins Professor Penney Lewis Nicholas Paines QC The Chief Executive of the Law Commission is Phil Golding. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne's Gate, London SW1H 9AG. The terms of this report were agreed on 24 February 2021. The text of this report is available on the Law Commission's website at http://www.lawcom.gov.uk.
    [Show full text]
  • Consumer Sales Contracts: Rules on the Transfer of Ownership of Goods
    BRIEFING PAPER Number 9036, 30 October 2020 Consumer sales contracts: By Lorraine Conway rules on the transfer of ownership of goods Contents: 1. Introduction 2. Current law: when is a consumer contract formed? 3. Current transfer of ownership rules 4. Consultations on reform of transfer of ownership rules 5. Law Commission’s draft Bill 6. Next steps www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Consumer sales contracts: rules on the transfer of ownership of goods Contents Summary 3 1. Introduction 5 1.1 Nature of the problem 5 1.2 The policy rationale for the draft Bill 5 1.3 Coronavirus has created a new sense of urgency 6 2. Current law: when is a consumer contract formed? 8 2.1 When is a sales contract formed? 8 2.2 How do terms and conditions delay formation of a sale contract? 8 2.3 Why delay the formation of the contract? 9 2.4 Possible consumer detriment 9 3. Current transfer of ownership rules 11 3.1 Specific goods 11 3.2 Unascertained or future goods 12 3.3 Goods forming part of a bulk 14 4. Consultations on reform of transfer of ownership rules 16 4.1 Law Commission consultation - June 2015 16 4.2 Law Commission’s Final Report - July 2016 16 4.3 Current Law Commission consultation & draft Bill – July 2020 17 5. Law Commission’s draft Bill 19 5.1 Scope of the proposed new rules 19 5.2 New modern terminology 20 5.3 “Goods identified and agreed” (currently referred to as specific goods) 20 5.4 “Goods not identified and agreed upon” (currently referred to as unascertained goods) 21 5.5 Rules to be mandatory 23 5.6 Goods forming part of a bulk 24 5.7 Transfer of risk 26 5.8 Insolvency and the operation of the proposed transfer of ownership rules 26 6.
    [Show full text]
  • 25 the Passing of Risk Under English Law, INCOTERMS and UN
    Electronic Research Journal of Social Sciences and Humanities Vol 2: Issue IV ISSN: 2706 – 8242 www.eresearchjournal.com Oct - Dec 2020 The Passing of Risk under English Law, INCOTERMS and UN Convention on Contracts for the International Sale of Goods: A Critical Discussion by Sabah Eqbal Kaarisma Legal Researcher, Bangor University, Wales, United Kingdom Email: [email protected] Abstract In legal history, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been the most effective standard private law Convention. The main aim of CISG is to make the procurement and selling of materials, services, and manufactured goods in foreign trade simpler and more economical. This Convention made trade easier, without this, there would be more conflicts and confusion in the international trading system. The sale of the contract plays a vital role differently in different legal systems. Therefore, the diversity of the system leads to many other dimensions. The passing of risk is an important concern in international contracts because it can lead to many disputes between the parties. When goods suffer any loss or damage by accident (not by any fault of either party) the time in between the contract and its performance, the seller is discharged from its obligation to deliver the goods which have been lost or destroyed. To answer the questions and clarify the issues, specific points will be discussed in this article. It will evaluate the meaning of the term ‘passing of risk’ and will critically discuss how ‘passing of risk’ is established under English Law, INCOTERMS 2010, and UN Convention on Contracts for the International Sale of Goods (1980).
    [Show full text]
  • The Legacy of the Cameron-Clegg Coalition Programme of Reform of the Law on the Supply of Goods, Digital Content and Services to Consumers
    The legacy of the Cameron-Clegg coalition programme of reform of the law on the supply of goods, digital content and services to consumers Article Accepted Version Devenney, J. (2018) The legacy of the Cameron-Clegg coalition programme of reform of the law on the supply of goods, digital content and services to consumers. Journal of Business Law, 6. pp. 485-511. ISSN 0021-9460 Available at http://centaur.reading.ac.uk/73357/ It is advisable to refer to the publisher’s version if you intend to cite from the work. See Guidance on citing . Publisher: Sweet & Maxwell All outputs in CentAUR are protected by Intellectual Property Rights law, including copyright law. Copyright and IPR is retained by the creators or other copyright holders. Terms and conditions for use of this material are defined in the End User Agreement . www.reading.ac.uk/centaur CentAUR Central Archive at the University of Reading Reading’s research outputs online The Legacy of the Cameron-Clegg Coalition Programme of Reform of the Law on the Supply of Goods, Digital Content and Services to Consumers James Devenney* Introduction The Cameron-Clegg coalition (2010-2015) oversaw a programme of “fundamental” reform of core consumer law in the UK.1 These reforms were partly driven by EU legislation,2 particularly the Consumer Rights Directive (2011).3 Other factors were more native to the UK. Thus, against the backdrop of the global financial crisis and a desire to strengthen the UK economy, this programme of reform was fuelled by a market-driven approach to consumer law.4 More specifically, consumer law and confident consumers were viewed as key ingredients to the efficient functioning of the market and the development of the economy.5 The centrepiece of the resulting reforms is, undoubtedly, the Consumer Rights Act 2015 which, eventually, gained Royal Assent after an epic6 passage through Parliament: “I am glad I have woken the hon.
    [Show full text]
  • Sale of Goods Act 1979, Cross Heading: Transfer of Title
    Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Transfer of title. (See end of Document for details) Sale of Goods Act 1979 1979 CHAPTER 54 PART III EFFECTS OF THE CONTRACT Transfer of title 21 Sale by person not the owner. (1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. (2) Nothing in this Act affects— (a) the provisions of the Factors Acts or any enactment enabling the apparent owner of goods to dispose of them as if he were their true owner; (b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction. 22 Market overt. F1(1) . (2) This section does not apply to Scotland. (3) Paragraph 8 of Schedule 1 below applies in relation to a contract under which goods were sold before 1 January 1968 or (in the application of this Act to Northern Ireland) 29 August 1967. Textual Amendments F1 s. 22(1) repealed (3.1.1995) by 1994 c. 32, ss.1, 3(3) (with s. 3(2)). 2 Sale of Goods Act 1979 (c. 54) Part III – Effects of the Contract Document Generated: 2021-04-22 Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Transfer of title.
    [Show full text]
  • Term Under the United Kingdom Sale of Goods Act 1979 and the United Nations Convention on Contracts for International Sale of Goods (CISG): a Comparative Analysis
    Asian Social Science; Vol. 10, No. 15; 2014 ISSN 1911-2017 E-ISSN 1911-2025 Published by Canadian Center of Science and Education ‘Open Price’ Term under the United Kingdom Sale of Goods Act 1979 and the United Nations Convention on Contracts for International Sale of Goods (CISG): A Comparative Analysis Farzaneh Akrami1, Sakina Shaik Ahmad Yusoff1 & Suzanna Mohamed Isa1 1 Faculty of Law Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia Correspondence: Sakina Shaik Ahmad Yusoff, Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Selangor, Malaysia. Tel: 60-19-273-5798. E-mail: [email protected] Received: May 8, 2014 Accepted: June 3, 2014 Online Published: July 11, 2014 doi:10.5539/ass.v10n15p97 URL: http://dx.doi.org/10.5539/ass.v10n15p97 Abstract Sections 8 and 9 of the Sale of Goods Act of United Kingdom (SGA 1979) and Article 55 of the United Nations Convention on Contracts for International Sale of Goods (CISG) provide the rules on open price term in contracts for the sale of goods. The concept of open price was created following new circumstances in the global trade, necessities and needs of humankind. However, changes in the rules should be compatible with these new needs. Good rules are those that not only have been initially formed and drafted in a wise and precise manner, but also have been amended based on the shortcomings that it may have in practice. Otherwise, it would be a repetition of negligence of legislators each time that a weak, un-amended rule is performed. Since the enactment of the SGA 1979, which is a copy of its preceding provisions in SGA 1893, it has not reviewed or amended.
    [Show full text]
  • Contracts in an Auction Sale?
    HOW MANY CONTRACTS IN AN AUCTION SALE? JAMES BROWN* AND MARK PAWLOWSKI** *LL.B (Hons), Ph.D, FHEA, Barrister, Senior Lecturer, Business School, Aston University. **LL.B (Hons.), BCL (Oxon), ACIArb, SFHEA, Barrister, Professor of Property Law, School of Law, University of Greenwich. The writers wish to express their gratitude to Franklin Meisel for his initial suggestions for this article. INTRODUCTION Making sense of auction sales, in terms of English contract law, is no easy task. Despite the common perception of hammers hitting blocks, signifying the creation of the basic sale contract,1 a typical auction sale necessarily involves the making of several forms of contract other than the obvious primary sale agreement. The purpose of this article, therefore, is threefold, namely, to (1) examine these various forms of contractual relationship2 which may come into existence as a result of a traditional (face to face) auction sale; (2) consider specifically the selling of land at public auction with a view to advocating a change in the law requiring the formality of writing for sales contracts of land for both private and public auctions, and (3) compare briefly the contractual elements of an online ascending model of auction sale typified by the eBay phenomenon. NATURE OF AUCTION SALES Despite the lack of any formal statutory definition of an auction sale, Halsbury’s Laws of England states that “[an] auction is a manner of selling or letting property by bids, usually to the highest bidder by public competition”.3 This is the so-called “ascending bid” form of auction, and this article is concerned predominantly with this type of auction where the same is attended by a group of potential bidders/purchasers.
    [Show full text]
  • Law Society of Scotland Response
    Law Society of Scotland Response United Kingdom Internal Market Bill Second Reading Briefing September 2020 Introduction The Law Society of Scotland is the professional body for over 12,000 Scottish solicitors. With our overarching objective of leading legal excellence, we strive to excel and to be a world-class professional body, understanding and serving the needs of our members and the public. We set and uphold standards to ensure the provision of excellent legal services and ensure the public can have confidence in Scotland’s solicitor profession. We have a statutory duty to work in the public interest, a duty which we are strongly committed to achieving through our work to promote a strong, varied and effective solicitor profession working in the interests of the public and protecting and promoting the rule of law. We seek to influence the creation of a fairer and more just society through our active engagement with the Scottish and United Kingdom Governments, Parliaments, wider stakeholders and our membership. Our Constitutional Law and Obligations Law Sub-Committees, Trade Policy and Post-Brexit Working Parties (the Committees) welcome the opportunity to consider and respond to the United Kingdom Internal Market Bill at Second Reading and in respect of Committee Stage. The Committees have the following comments to put forward for consideration. General Comments Preliminary Comment Recently the bill has attracted considerable attention because of clauses 40-45 in respect of those provisions which will be inconsistent or incompatible with international or other domestic law. The bill should, as a matter of principle, comply with public international law and the rule of international law, pacta sunt servanda (agreements are to be kept) should be honoured.
    [Show full text]
  • International Conventions Implementation Act
    Province of Alberta INTERNATIONAL CONVENTIONS IMPLEMENTATION ACT Revised Statutes of Alberta 2000 Chapter I-6 Current as of December 15, 2017 Office Consolidation © Published by Alberta Queen’s Printer Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: [email protected] Shop on-line at www.qp.alberta.ca Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: © Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. INTERNATIONAL CONVENTIONS IMPLEMENTATION ACT Chapter I-6 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Part 1 International trusts 1(1) In this Part, “Convention” means the Convention on the Law Applicable to Trusts and on their Recognition set out in Schedule 1. (2) This Act does not apply to conflicts solely between the laws of the provinces and territories of Canada.
    [Show full text]
  • Sale of Goods Act 1979, Cross Heading: Implied Terms Etc
    Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Cross Heading: Implied terms etc.. (See end of Document for details) Sale of Goods Act 1979 1979 CHAPTER 54 PART II FORMATION OF THE CONTRACT [F1Implied terms etc.] Textual Amendments F1 Heading preceding ss. 10-14 substituted (3.1.1995) by 1994 c. 35, ss. 7(1), 8(2), Sch. 2 para. 5(10) (with s. 8(3)). 10 Stipulations about time. (1) Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not of the essence of a contract of sale. (2) Whether any other stipulation as to time is or is not of the essence of the contract depends on the terms of the contract. (3) In a contract of sale “month” prima facie means calendar month. 11 When condition to be treated as warranty. [F2(1) This section does not apply to Scotland.] (2) Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. (3) Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the 2 Sale of Goods Act 1979 (c.
    [Show full text]
  • Infants' Contracts: Law and Policy in the 18Th and 19Th Centuries
    Infants’ Contracts: Law and Policy in the 18th and 19th Centuries Richard Austen-Baker and Kate Hunter* Abstract: Under English law, prior to 1970 young people up to the age of twenty-one lacked the capacity to make binding contracts, subject to certain exceptions. The report of the Latey Committee on the Age of Majority, which had recommended a reduction to age eighteen, was one-sided and, so far as capacity to make contracts was concerned, offered scant evidence as to the motivations of the existing law. The Committee heard evidence from the Church asserting, with no evidence, that such rules were intended to control young people and were there to protect the interests of others. This article argues, especially from analysis of the relevant case law during the 18th and 19th centuries – the principal period of development of English jurisprudence on minors’ contracts – that the law’s motivation had in reality been to protect infants from themselves and from adults who sought to prey on their naivety and impulsiveness. Introduction With the coming into force on 1 January 1970 of section 1 Family Law Reform Act 1969, which lowered the age of majority from twenty-one years to eighteen years, the question of infants’ contracts effectively disappeared as one of interest to the courts of England and Wales. Since mediaeval times, as Simpson concisely puts it, ‘all contracts made by infants * Senior Lecturer in Law, Lancaster University Law School and late Associate Lecturer, Lancaster University Law School, respectively. The authors are grateful to Professor David Milman, Lancaster University Law School, for kindly commenting on this article in draft.
    [Show full text]
  • (CISG) Into the UK Legal Order: Two Legislative Models
    UNIVERSITY OF DERBY The Transformation of the UN Convention on Contracts for the International Sale of Goods (CISG) into the UK Legal Order: Two Legislative Models Katerina Georgiadou LLB, LLM, PhD Candidate A Submission to the University of Derby of a Dissertation Thesis for the degree of Doctor of Philosophy, Ph.D. – August 2014 Outline Table of Contents i. Abstract ii. Acknowledgements iii. Bibliography iv. Annex of Published Material 1.INTRODUCTION .................................................................................................................................. 8 1.1 Thesis ..................................................................................................................................................... 8 1.2 Hypothesis ............................................................................................................................................. 8 1.3 Background ........................................................................................................................................... 9 1.4 À la carte model .................................................................................................................................. 12 1.4.1 Sub-model 1: À la carte by omitting Part II of the CISG .......................................................................... 12 1.4.2 Sub-model 2: À la carte by omitting Part III of the CISG ......................................................................... 13 1.4.3 Sub-model 3: À la carte by taking advantage of the
    [Show full text]