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Contractual Terms and their Performance

Michael Lobban

in The Oxford History of the Laws of England: Volume XII: 1820–1914 Private Law

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258826
eISBN:
9780191705168
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258826.003.0012
Subject:
Law, Legal History

This chapter shows that despite the pervasive language of freedom of contract in mid-19th-century England, consumers had little bargaining power over the terms of the contracts they entered into for ... More


SALE OF GOODS 1

Ewan McKendrick

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0010
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the law relating to the sale of goods. It covers the statutory regime (the Sale of Goods Act 1979); transfer of property and risk (the passing of property, transfer of title by ... More


Personal Property Law

Michael Bridge

Published in print:
1996
Published Online:
March 2012
ISBN:
9781854315816
eISBN:
9780191705144
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9781854315816.001.0001
Subject:
Law, Company and Commercial Law

Providing a definition of personal property law, this book demonstrates why an understanding of the principles of personal property is important. In defining the various types, the author discusses ... More


Three Sales Laws and the Common Law of Contracts

Qi Zhou and Larry A DiMatteo

in Comparative Contract Law: British and American Perspectives

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198728733
eISBN:
9780191795480
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728733.003.0038
Subject:
Law, Comparative Law, Law of Obligations

This chapter traces the history and evolution of Article 2 of the UCC and the UK Sale of Goods Act. By way of comparison, it performs a series of ‘case studies’ in major areas of sales law to flesh ... More


Acquisition of Ownership

REINHARD ZIMMERMANN, DANIEL VISSER, and KENNETH REID

in Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199271009
eISBN:
9780191699481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271009.003.0022
Subject:
Law, Comparative Law

This chapter focuses on the law of corporeal property in Scotland and South Africa. Corporeal property is divided into movable and immovable categories. Scots law, in applying the label ‘heritable’ ... More


Establishing Jurisdiction and Enforcing Judgments

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0008
Subject:
Law, EU Law

This chapter analyses the legislative history, main substantive content, and normative implications of Regulation (EC) No 44/2001 on jurisdiction and enforcement of judgments in civil and commercial ... More


The Statute of Frauds

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0056
Subject:
Law, Company and Commercial Law

Chapter 56 concerns the statute of frauds. The law does not require contracts as a class to be in writing. However, the Statute of Frauds, adopted in England in 1677 and in force in almost every ... More


Property in Chattels Personal

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0022
Subject:
Law, Legal History

This chapter considers the history of the law governing movable chattels, which was different from the law of real property and of chattels real (such as leases of land). The basic principles changed ... More


In Search of Copyright User Remedies

Pascale Chapdelaine

in Copyright User Rights: Contracts and the Erosion of Property

Published in print:
2016
Published Online:
November 2017
ISBN:
9780198754794
eISBN:
9780191817557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754794.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

The chapter looks at the nature of copyright user rights from the perspective of the remedies users may have against copyright holders when they are restricted in their uses of copyright works. Given ... More


Actions on the case for deceit

John Baker

in Baker and Milsom Sources of English Legal History: Private Law to 1750

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198847809
eISBN:
9780191882456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847809.003.0020
Subject:
Law, Legal History

This chapter is concerned with the action on the case for deceit, chiefly in the context of false warranties made by sellers of goods. The availability of the action was at first contested on the ... More


Time for an English Commercial Code?

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0014
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter argues for the codification of commercial law. In its most extreme form, codification is the process of expressing the whole of the law on a particular topic so that any development of ... More


Undisclosed Principals and the Sale of Goods

Gerald Fridman

in Agency Law in Commercial Practice

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198738473
eISBN:
9780191821233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738473.003.0005
Subject:
Law, Company and Commercial Law

The doctrine of the undisclosed principal in agency law grew out of the employment of factors in the making of contracts for the international sale of goods. The concept’s earliest purposes were to ... More


Happiness in Things?: Plebeian Experiences of Chattel ‘Property’ in the Long Eighteenth Century

Sara Pennell

in Suffering and Happiness in England 1550-1850: Narratives and Representations: A collection to honour Paul Slack

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198748267
eISBN:
9780191810923
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198748267.003.0011
Subject:
History, British and Irish Early Modern History, Cultural History

Pennell’s chapter engages with the idea that objects acquire individual and social meaning partly because of the emotions that subjects attach to them, in the context of the often fragile hold that ... More


Contract: Some Later Developments

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0020
Subject:
Law, Legal History

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ ... More


Formulas for Measuring Expectation Damages for Breach of a Contract for the Sale of Goods

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0014
Subject:
Law, Company and Commercial Law

Chapter 14 concerns formulas for measuring expectation damages for breach of a contract for the sale of goods. If the buyer breaches one of three formulas may be used to measure the seller’s damages. ... More


The Law of Commerce and Trade

Lawrence M. Friedman

in A History of American Law

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190070885
eISBN:
9780190070922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190070885.003.0007
Subject:
Law, Legal History

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply ... More


No-Oral-Modification Clauses

Melvin A. Eisenberg

in Foundational Principles of Contract Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199731404
eISBN:
9780199364718
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199731404.003.0057
Subject:
Law, Company and Commercial Law

Chapter 57 concerns no-oral-modification (n.o.m.) clauses. Often a written contract includes a provision that the contract cannot be modified except by a writing. The general rule at common law was ... More


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