Fully updated and revised, this comprehensive and informative textbook provides readers with an overview of current consumer sales law and equips them with a view of how this fast-changing subject has, and will continue to develop through the inclusion of new reform proposals.
This book analyzes the interaction of consumer sales law with politics, the appeal of consumer protection to politicians and the influence of the European Union and the EU Directives. It also discusses the removal of consumer sales law from its traditional realm of legal professionals to consumer and debt advisors and public officials with the power to seek injunctions to protect consumers. In addition to this, it:
- fully integrates both the Unfair Commercial Practices Directive 2005 and the Consumer Credit Act 2006 into the basic 1974 Act
- explains how the sale of Goods Act 1979 has been modified by the 1999 Directive
- combines the public protection of consumers under the Enterprise Act 2002 (e.g. Office of Fair Trading)
- is supplemented by comprehensive e-updates on its Companion Website, keeping the content current between editions.
Written by an author with forty years experience of teaching sales and finance law to undergraduates, this textbook is an essential tool for all undergraduates studying commercial and consumer sales law.
Table of Contents
Part 1: The Nature of the Contracts for the Supply of Goods 1. Introduction 2. Subject-Matter of the Supply Contract: Goods and Price Part 2: Consumer Protection 3. Regulation of Business 4. Consumer Protection and the Criminal Law 5. Consumer Protection and Instalment Credit 6. Licensing 7. Moneylending Part 3: Negotiating Supply Contracts 8. Seeking Business 9. Formalities of the Agreement 10. Formation of the Agreement Part 4: The Contents of a Contract for the Supply of Goods 11. Contractual Terms 12. Undertakings as to Title 13. Undertakings as to Quantity and Quality 14. Undertakings as to Fitness and Satisfactory Quality 15. Other Implied Terms and Obligations 16. Financed Transactions 17. Product Liability 18. Exclusions and Disclaimers Part 5: The Conveyance in Supply Contracts 19. The Effects of the Contract 20. The Passing of Property 21. The Transfer of Title 22. Risk and Impossibility Part 6: The Price in Sale and Hire Purchase Contracts 23. Delivery and Possession 24. The Unpaid Supplier's Possessory Rights 25. Security for the Price Part 7: Discharge, Enforcement and Remedies 26. Discharge of Contractual Obligations 27. Remedies of the Supplier: 'Creditor or Owner' 28. Enforcement by Public Authorities 29. Remedies of the Transferee: 'Debtor or Hirer'
John Macleod retired from University in 2004, having taught sales and financing law to undergraduates for 40 years. Specialising in payment cards (including credit, charge and debit cards), he was for 20 years chief examiner in the finance industry. In retirement, he has at last found time to get to the bottom of the subject.