Routledge

About the Lawcards Series

Commercial Lawcards

What you Need to Know...

1) Definition of contract of sale of goods;

  • Definition of contract of sale of goods
  • Define a 'contract of sale of goods'
  • What legislation governs contracts for the sale of goods?
  • What legislation governs contracts for the supply of goods?
  • What if the contract features both a supply of goods and the supply of a service at the same time?
  • What legislation governs contracts of hire?

2) Passing of property and risk;

  • Passing of property and risk
  • What is a specific good?
  • What is an unascertained good?
  • When will the rules in s 18 of the Sale of Goods Act 1979 apply?
  • What is necessary for s 20A–B to apply?
  • When will risk in the goods pass?

3) Retention of title clauses;

  • Retention of title clauses
  • What problems face an unpaid seller on the insolvency of the buyer?
  • What is the effect of a valid retention of title clause on the passing of title?
  • What are the main types of retention of title clause?
  • What is the consequence of creating a 'charge' over property?
  • What are the most frequent arguments raised against retention of title clauses?

4) Void and frustrated sale of goods contracts;

  • Void and frustrated sale of goods contracts
  • The distinction between Mistake and Frustration
  • The meaning of 'perish' under the Act
  • Mistake concerning specific goods s 6
  • Frustration concerning specific goods s 7
  • The residual role of the common law

    • 5) Seller is not the owner;

    • Seller is not the owner
    • The nemo dat rule and its exceptions
    • When will an estoppel arise?
    • When may a Mercantile Agent confer good title?
    • When may a seller with a voidable title confer good title?
    • When may a seller in possession confer good title?
    • When may a buyer in possession confer good title?
    • What if an HP purchaser sells a motor vehicle?

    6) Contract terms as to title;

    • Implied contract terms as to title under the Sale of Goods Act 1979
    • What does s 12 mean to buyer and seller?
    • What conditions and warranties does s 12 imply?
    • Can a defective title later be cured?
    • Can you exclude s 12 by an express contract term?

    7) Misrepresentation;

    • Misrepresentation
    • What is a misrepresentation?
    • What types of misrepresentation exist and what remedies are available?
    • What forms may Rescission take and when is it available?
    • When are Damages available and on what basis are they calculated?  
    • Why is it rare in commercial law to use the tort of Negligent Misstatement?
    • Can you exclude liability for Misrepresentation?
    8)
    • Express and implied terms;
    • Express and implied terms
    • What are the differences between conditions, warranties and innominate terms?
    • What term is implied by s 13, when will it apply?
    • What term is implied by s 14(2), when will it apply?
    • What term is implied by s 14(3), when will it apply?
    • What term is implied by s 15, when will it apply?
    • When may goods be rejected by a consumer?
    • When may goods be rejected by a commercial buyer?
    • What tortious claims may be brought concerning a defective product? 
    • What terms are implied into consumer and commercial transactions by other statutes?

    9) Exemption and limitation clauses;

    • Exemption and limitation clauses
    • When is an exemption clause incorporated into a contract?
    • What is meant by 'interpreting' an exemption clause?
    • May parties other than the buyer and seller be affected by an exemption clause?
    • To what clauses does UCTA apply?
    • How does UCTA define a consumer, with what effect?
    • How does UCTA apply to commercial transactions?
    • How does the Reasonableness test apply?
    • What are the UTCCR 1999, how do they apply, and by whom are they enforced?

    10) Delivery and payment in sale of goods;

    • Delivery and payment in sale of goods
    • What is 'delivery'?
    • What consequences flow from a delivery which is: late, to the wrong place, or of the wrong quantity?
    • How may the amount of the payment be calculated?
    • Is the buyer normally entitled to be supplied on credit?

    11)Seller's remedies;

    • Seller's remedies
    • When is a seller 'unpaid'?
    • What remedies may a seller have against the buyer?
    • What is the difference between s 49 and s 50?
    • What remedies may a seller have against the goods?
    • When may a seller act 'against the goods'?

    12) Buyer's remedies;

    • Buyer's remedies
    • What is specific performance under s 52?
    • What forms of damages are recoverable?
    • How are the different forms of damages calculated?
    • How do the additional rights of the consumer relate to the existing remedies?

    13) Agency

    • What is meant by a contract concluded by 'Agency'?
    • What forms of authority may an agent possess?
    • When may the unauthorised acts of the agent be ratified?
    • What duties exist between the Agent and the Principal?
    • How and with what consequences may agency be terminated?

    14) International sales

    • International sales
    • What are the features of an FOB contract?
    • What are the features of a CIF contract?
    • How are such international sales contracts 'paid-for'?
    • What is an international letter of credit and what forms may it assume?

    15) Consumer credit - categories of agreement

    • What types of credit agreements are regulated by the Act?
    • How is an 'individual' defined?
    • Is there still a limit on the amount of credit supplied?
    • Which agreements are exempt?
    • Distinguish debtor–creditor–supplier agreements from debtor–creditor agreements
    • When will a transaction be 'linked'?

    16) Consumer credit - triangular transactions

    • Consumer credit – triangular transactions
    • What credit transactions may be classed as 'triangular'?
    • Against whom should the consumer proceed if the goods are defective?
    • When may a dealer act as agent of the creditor?
    • What are the consequences of the dealer acting as the agent of the creditor?

    17) Consumer credit - trading control

    • Consumer credit – trading control
    • Which businesses must be licensed?
    • What are the sanctions for unlicensed trading?
    • What is 'canvassing' and how is it controlled?
    • What other credit activities are prohibited?

    18) Consumer credit - documentation and cancellation;

    • umer credit – documentation and cancellation
    • What agreements are subject to the documentation requirements?
    • What are the documentation requirements, why are they important? 
    • When is an agreement cancellable?
    • What is the effect of cancellation?

    19) Agency and connected lender liability;

    • Agency and connected lender liability
    • What is the effect of s 56 of the Consumer Credit Act 1974?
    • When will the consumer who pays with a card be able to regard the dealer as the agent of the creditor?
    • What are the effects of s 75 of the Consumer Credit Act 1974?
    • Can s 75 apply when the transaction involves a purchase abroad?

    20) Consumer credit - rights of the parties

    • Consumer credit – rights of the parties
    • What are the rights of the debtor?
    • What are the rights of the creditor?
    • What is a time order and when may it be granted?
    • When will a credit bargain be 'unfair' within the meaning of s 140A of the Consumer Credit Act 1974?