{"title":"11. The transfer of property and risk","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/he/9780198729358.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198729358.003.0011","url":null,"abstract":"This chapter discusses the transfer of property between seller and buyer, and considers the passing of risk. The general rule about risk is that unless the parties have otherwise agreed, risk passes with property, although the position is different when the buyer deals as consumer. With regard to payment, unless otherwise agreed, the seller may only sue the buyer for the price once property in the goods has passed, and, if either the seller or the buyer becomes insolvent, then the rights of the other non-insolvent party may depend on whether or not property in the goods has passed to the buyer. Furthermore, although subject to a number of exceptions, unless the buyer has acquired ownership in the goods, he cannot transfer that ownership to another party.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90226089","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}
{"title":"26. Forms of title-based financing","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/he/9780198729358.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780198729358.003.0026","url":null,"abstract":"This chapter examines the ways in which goods and things in action can be dealt with to facilitate the financing of business. It begins with a brief survey of the financing mechanisms available to businesses and proceeds to discuss receivables financing, whereby a succession of debts owed to a business can either be sold outright or subjected to a security interest in favour of a financier, focusing specifically on outright sale. The chapter also discusses how the fact that title to an asset can be split between an ‘owner’ and a person with physical possession of it can be used to advantage in providing flexibility and tax advantages in financing the acquisition of capital items for use in a business.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"83 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85832017","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}
{"title":"2. Personal property","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0002","url":null,"abstract":"This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83357494","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}
{"title":"25. Security interests in property","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/he/9780198729358.003.0025","DOIUrl":"https://doi.org/10.1093/he/9780198729358.003.0025","url":null,"abstract":"This chapter is concerned with limited rights over property that enable a person who is owed a personal obligation by someone with ownership of an asset to exercise powers over that asset, should the personal obligation not be fulfilled. These limited rights are known as ‘security interests’—their effect is to provide additional remedies in the event of breach of the personal obligation and so make performance more secure. The chapter assumes that the obligation secured is a debt, but there is no reason why security cannot be taken in order to secure any obligation. It introduces the types of security interest, and considers the essential elements of their creation and the steps that may be necessary in order for the interest to have priority over competing claims to the secured property.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90832491","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}
{"title":"12. The transfer of title","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0012","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0012","url":null,"abstract":"This chapter considers the various circumstances in which a buyer may become the owner of the goods, notwithstanding that the seller is neither the owner of them, nor sold them with the owner’s consent. In the chapter, disputes concern not the seller but the owner of the goods and the buyer. The chapter presents a case that provides an example of the sort of problems which can arise in such disputes. A common theme in these types of cases is dishonesty, whereby the court will have to decide which of two innocent parties should suffer due to the dishonesty of another. This can arise in many different situations, such as where an innocent buyer buys goods from a seller who turns out to have stolen them or where a person obtains goods on hire purchase and dishonestly sells them before they have been paid for.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83156929","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}
{"title":"17. The remedies of the buyer","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0017","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0017","url":null,"abstract":"This chapter sets out the remedies available to the buyer under a contract of sale. Before the Sale and Supply of Goods to Consumers Regulations 2002, these remedies comprised damages for non-delivery of the contract goods, specific performance, and damages for breach of warranty. In cases of breach of condition, the buyer generally has the right to reject the goods and repudiate the contract. Since implementation of the 2002 Regulations, a buyer who deals as consumer has additional remedies of repair, replacement, reduction in price, or rescission. These additional consumer remedies are discussed after a consideration of the remedies that are available to all buyers, including consumers, beginning with those remedies granted to a buyer where the seller fails to deliver the goods, or fails to deliver on time. Certain consumer contracts entered into after 1 October 2015 are governed by the Consumer Rights Act 2015, which is also discussed.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"166 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75705802","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}
{"title":"8. Relations between agent and third party","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0008","url":null,"abstract":"This chapter considers the relations between the agent and third party. The typical function of an agent is to affect the legal position of his principal in relation to third parties, typically achieved by the agent effecting contractual relations between his principal and a third party or third parties. To this contract, the agent is usually a stranger and it therefore follows that, providing all parties perform their obligations, there will be no legal relations between the agent and third party, aside from any warranty of authority that might be deemed to exist. If the parties, however, fail to properly perform their obligations, legal relations between the agent and third party may arise that allow one party to sue, or be sued by, the other. This chapter discusses the general rule, and also those situations where the agent and third party will acquire a cause of action against the other.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79816650","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}
{"title":"10. An introduction to the sale of goods","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0010","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0010","url":null,"abstract":"This chapter discusses the law relating to the sale of goods, which lies at the heart of commercial law and regulates sales of different kinds from domestic retail to cross-border Internet transactions. Sale of goods law also lies at the heart of other aspects of commercial law, such as the law of agency, where agents are often appointed solely for the purpose of selling their principal’s goods. Contracts for finance and for insurance are further examples of transactions that often depend on the sale of goods for their entire purpose. It must be noted that a contract of sale is still a contract, even if it has special features. Therefore, all elements for establishing the contract must be present, these being offer, acceptance, consideration, certainty, and the intention to create legal relations.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"140 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72435324","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}
{"title":"3. An introduction to the law of agency","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/he/9780198729358.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198729358.003.0003","url":null,"abstract":"This chapter discusses the law of agency, which is a complex, subtle, and often misunderstood subject. Understanding it is, however, important, especially given the extent to which it can affect commercial and other areas of the law. It has also been established that, for many businesses, the use of agents is invaluable, and significant areas of commercial activity could not continue without the existence of agency. Several basic foundation issues relating to the law of agency, such as the sources of agency law and the various types of agent that exist, are discussed here. The chapter begins by determining the legal meaning of ‘agency’. Unfortunately, whilst many definitions of agency exist, the concept is ‘notoriously slippery and difficult to define’, according to Bowstead and Reynolds. The chapter also looks at the various forms of agent, including the development of the commercial agent.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"65 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72499458","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}
{"title":"13. Perishing of goods","authors":"E. Baskind, Greg Osborne, Lee S. Roach","doi":"10.1093/HE/9780198729358.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198729358.003.0013","url":null,"abstract":"This chapter considers the effect on the parties’ contract of sale in the event that the goods perish. Before doing so, it considers briefly the position of non-existent goods. It might be considered sensible to think that where the seller sells specific goods, a condition would be implied that the goods existed at the time of the making of the contract and that the seller would be liable to the buyer if he sold goods that did not exist. The seller, after all, does warrant that he or she has the right to sell the goods and, where he or she sells the goods in the course of a business, also warrants that they are of satisfactory quality and fit for purpose. However, such a seller is generally not liable.","PeriodicalId":80970,"journal":{"name":"Commercial law journal","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72896040","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}
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