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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
The fourth edition of this established and highly-regarded work is
the most systematic study available of the law of sale of goods
with reference to UK and Commonwealth authorities and relevant UK
and EU legislation. A distinguishing feature of the work is the
depth of treatment of problem areas, providing clarity on the law.
It provides full coverage of content, interpretation and
performance issues relating to sale of goods agreements. The book
also addresses the relevant aspects of consumer law, as well as
issues such as recoverability of damages, currency and interest.
The work has been updated in its fourth edition to cover all recent
developments in caselaw, most notably The Supreme Court in PST
Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans)
[2016] UKSC 23 which has given rise to a new category of contract:
the sui generis supply contract, for which no statutory model yet
exists. Also examined in depth is the Consumer Rights Act 2015,
which has profoundly affected the structure of sales law and, in a
number of key instances, has also affected the substance of the
law. This work remains the leading work of scholarship and an
invaluable reference for all practitioners and scholars working in
the field.
The book provides a critical analysis of electronic alternatives to
documents used in the international sale of goods carried by sea,
including invoices, bills of lading, certificates of insurance, as
well as other documentation required under documentary credits, and
payment processing arrangements. It constitutes an in-depth
discussion of their legal status and the practices relating to
their use. The new edition examines recent developments in the
evolving digital transformation that is taking place in the field
of international trade. The book examines the commercial pressure
to move from paper to electronic data, and the new technologies and
relationships built for this purpose. This transition is ever
evolving and as such an understanding of the attendant legal
implications of the change is crucial. Analysis is provided on the
adoption by UNCITRAL of its Model Law on Electronic Transferable
Records, the author having been involved first hand in its drafting
as a delegate and observer in UNCITRAL Working Group IV, and on the
Uniform Rules on Bank Payment Obligations (URBPO). The book
considers the practical workings and legal underpinnings of new
electronic bill of lading platforms such as e-Title and Placing
Platform Limited and of pilot projects such as Wave BL, Marco Polo
and Voltron. It also examines the legal implications of proposed
uses of new technologies such as distributed ledger technologies
(DLT) (including blockchain), Internet of Things (IoT) and smart
contracts. This book provides a complete and practical analysis of
e-documents in cross-border business contracts for goods carried by
sea. It examines recent trends in practice and assesses the ability
of electronic alternatives to achieve legal functions performed by
the paper documents they replace.
Carriage of Goods by Sea provides an extensive comparative analysis
of the carriage of goods by sea, examining the principles,
regulation, responsibilities, obligations, and immunities within
this area of English law, and other common law jurisdictions, in a
single volume. The book covers all necessary aspects for
understanding the law of carriage by sea. These include: an
essential overview of the business of shipping; a core group of
chapters on the various functions of bills of lading and other
documents of carriage; the international and domestic regulation of
carriage; analysis of the major conventions (the Hague, Hague-Visby
and Hamburg Rules, and the Rotterdam Rules); and explanation of the
shippers' responsibilities, both at common law and under the
international conventions. Later chapters are concerned with the
obligations of the carrier, and the rights and immunities of the
carrier, again at common law, and under the international
conventions. The book concludes by examining charterparties, as
well as including chapters on frustration and damages. The third
edition provides a thorough update from the publication of the
previous edition in 2011 including new bills of lading, major
Commonwealth developments impacting on the law in this field, and
UK Supreme Court decisions such as Volcafe Ltd v Compania Sud
Americana de Vapores SA (Trading as CSAV) [2018] UKSC 61, The Ocean
Victory [2017] UKSC 35, and The Kos [2012] UKSC 17. The new edition
also includes a new chapter relating to damages.
This third edition of the only work to focus on damages under the
CISG maintains its purpose as the primary reference source for this
topic. Addressing global judicial and arbitral decisions, the book
demonstrates the differences between uniform international
instruments and domestic laws, and comparatively analyses the
calculation of damages under civil and common law systems under the
United Convention on Contracts for the International Sale of Goods
(CISG). A new chapter on penalty clauses examines the impact of
recent cases in England (Cavendish Square Holding BV V Makdesi) and
Australia (Paccioco v Australia and New Zealand Banking Group Ltd)
concerning the interpretation of penalty clauses and their
relationship with the CISG. Further new material includes: an
expanded discussion of the question of good faith; new approaches
relating to attorneys' fees; consideration of states that have
recently ratified the CISG; and an examination of the developments
in the EU in relation to the attempt to introduce a new harmonised
contract law.
Holiday Law: The Law Relating to Travel and Tourism, considered to
be the leading text on holiday law, provides a comprehensive guide
to the law as it relates to all forms of holidays. Its broad
coverage of the subject includes the nature of the contractual
relationship between tour operator, civil liability and the effects
of insolvency and examines the travel industry and looks at the
agencies that regulate the industry.
This book consists of contributions exploring from different
perspectives the 'images' of the consumer in EU law. The images of
the consumer form the foundation for various EU policies, more or
less directly oriented towards the goal of consumer protection. The
purpose of the volume is to establish what visions of the consumer
there are in different contexts of EU law, whether they are
consistent, and whether EU law's engagement with consumer-related
considerations is sincere or merely instrumental to the achievement
of other goals. The chapters discuss how consumers should be
protected in EU contract, competition, free movement and trade mark
law. They reflect on the limits of the consumer empowerment
rationale as the basis for EU consumer policy. The chapters look
also at the variety of concerns consumers might have, including the
cost of goods and services, access to credit, ethical questions of
consumption, the challenges of excessive choice and the possibility
to influence the content of regulatory measures, and explore the
significance of these issues for the EU's legislative and judicial
process.
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