Consumer Law

Benjamin’s Sale of Goods provides practitioners with comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. Part of the Common Law Library, this title has established itself as the premier publication on sale of goods and is frequently cited in court due to its depth and coverage.

  • First published in 1868, this title is now seen as a must-have purchase for its core readership of commercial practitioners in medium and large-firms, academics and commercial barristers
  • Covers the needs of practitioners interested in all areas of sale of goods case law
  • Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
  • Provides high level text supported by all relevant developments in legislation and case law – the cases selected and the interpretation and guidance provided being one of the title’s added values
  • Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
  • Sets out the nature and formation of the contract of sale
  • Includes discussion of unfair contract terms in commercial and consumer sales
  • Details the remedies available when disputes arise
  • Explains the implications of E-Commerce, including electronic contracts and payments
  • Examines the law on Letters of Credit
  • Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
  • Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
  • Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
  • Provides authoritative discussion on conflict of laws
  • Examines the international scope of the subject, with chapters on overseas sales
  • Takes you through the laws relating to consumer protection

 

Boilerplate: Practical Clauses is a concise guide to the most commonly used boilerplate clauses for commercial contracts. It explains the rules, guidelines and principles of law behind the clauses to help you draft, negotiate and advise with confidence.This book covers all standard warranties and exclusions of liability, plus whole agreements and variation clauses so you can be confident you have the fundamental information you need. By outlining the appropriate clauses for each section along with clear definitions and relevant legislation, this title makes it easier to avoid common pitfalls and gives you insight into the implications of your client’s contracts or agreements.

Detailed analytical commentary on each clause, together with examples of case law and advice on its practical application, help ensure you have a full understanding of this complex area.

 

Boilerplate: Practical Clauses, 6th Edition also includes the following:

  • New definitions for cloud computing.
  • The impact of cloud computing on the obligation to safeguard confidential information
  • The legal nature of software – when is software “goods” for the purposes of the Sale of Goods Act
  • Analysis of the provisions and impact of the new EU Consumer Rights Directive (Coming into force in June 2014), particularly in relation to trading over the internet
  • Discussion of the latest cases on the Unfair Terms in Consumer Contracts Regulations, particularly OFT v Abbey National
  • A reconsideration of the legal effect and drafting of whole agreement clauses and exclusion of liability for precontract misrepresentation in the light of the Court of Appeal decisions in Springwell and AXA
  • Discussion of service of notices by electronic means
  • Discussion of signature of contracts and completion of transactions by electronic means
  • Analysis of latest cases in the “Battle of the Forms”
  • A detailed discussion of and analysis of the relevant cases relating to the Eisudem Generis Rule
  • A detailed discussion of and analysis of the latest cases relating to the concepts of “resaonable endeavours” and “best endeavours”
  • An analysis of the latest cases relating to non-binding heads of agreement – Flexible Systems v
  • Molkerei Alois Muller, and the Court of Appeal decisions in Investec v Zulman , Haq v Island Homes and Whittle v Hollywood Movers
  • Discussion of the provisions and impact of the new EU Directive on late payment of debts