D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner
{"title":"4. Introduction","authors":"D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner","doi":"10.1093/he/9780198842149.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198842149.003.0004","url":null,"abstract":"This chapter introduces the law of agency. It first examines the legal concept of agency, focusing on its definition and how it differs from other power–liability relationships. It then looks at examples of types of agent, such as auctioneers, directors, partners, and lawyers. It also considers agents who play a particular role in commercial transactions, namely: factors, brokers, del credere agents, confirming houses, and commission agents. Finally, it discusses the harmonisation of the law via the Geneva Convention on Agency in the International Sale of Goods, held in 1983.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116967851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner
{"title":"27. Insurance","authors":"D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner","doi":"10.1093/he/9780198842149.003.0027","DOIUrl":"https://doi.org/10.1093/he/9780198842149.003.0027","url":null,"abstract":"This chapter deals with the principles of insurance law. First, the chapter explains how insurance works, with a particular focus on insurable interest, the statutes that govern insurance contracts, and the power of the Financial Conduct Authority to authorise persons wishing to conduct business as insurers. The chapter then considers how an insurance contract is formed and goes on to describe the content and interpretation of the contract. It also discusses the liability and rights of the insurer before concluding with an analysis of marine insurance and insurance claims.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124335645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner
{"title":"3. Bailment","authors":"D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner","doi":"10.1093/he/9780198842149.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198842149.003.0003","url":null,"abstract":"This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee’s liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114759353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner
{"title":"28. Insolvency","authors":"D. Fox, Rjc Munday, B. Soyer, AM Tettenborn, PG Turner","doi":"10.1093/he/9780198842149.003.0028","DOIUrl":"https://doi.org/10.1093/he/9780198842149.003.0028","url":null,"abstract":"This chapter deals with insolvency and the principles of insolvency law. It begins with a brief historical background. It then considers the basic objectives of insolvency law as it relates to the bankruptcy of individuals and to corporate insolvency. In particular, it highlights the importance of the pari passu principle to ensure that all creditors participate on an equal footing in the estate in question. The chapter goes on to discuss the various definitions of insolvency before concluding with an overview of insolvency procedures for both individual insolvency and corporate insolvency.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"1100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122917826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner
{"title":"24. Introduction","authors":"D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner","doi":"10.1093/he/9780198842149.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780198842149.003.0024","url":null,"abstract":"This chapter serves as an introduction to commercial credit and security. Credit plays an important role in the world of commerce. In the sale of goods, for example, the seller may have to borrow money from a bank so that he can obtain the buyer’s order and supply the goods as required. The bank loan is a form of credit. This chapter first considers the definition of credit before discussing two forms of credit: loan credit and sale credit. It then examines the nature and purpose of security, real security and security interest, and quasi-security. It also describes the three stages involved in the process of creating an effective security interest: attachment, perfection, and priorities. Finally, it analyses the agreement to give security over future property and the proposed reform of the applicable law.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128084622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner
{"title":"1. An introduction to commercial law","authors":"D. Fox, R. Munday, B. Soyer, AM Tettenborn, Pg Turner","doi":"10.1093/he/9780199692088.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780199692088.003.0001","url":null,"abstract":"This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by previous scholars of note. It then examines its function and historical development, and discusses various sources of commercial law such as contracts and national legislation. In addition it refers importantly to the role of equity and trusts in commercial law, to public law in the commercial arena, and to the philosophy and concepts of commercial law. Possible codification of commercial law is discussed. Finally, the chapter assesses the challenges for commercial law in the twenty-first century and briefly discusses the impact of Brexit on English commercial law.","PeriodicalId":104091,"journal":{"name":"Sealy and Hooley's Commercial Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130544785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
求助内容：
应助结果提醒方式：