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This volume analyzes the legal and practical issues that arise in cross-border transactions involving the taking and enforcement of security over movable and intangible property. Having analyzed the domestic law of security in the UK, US, France and Germany, it then focuses upon the private international law and insolvency law issues. Contributions come from leading legal, insolvency and banking specialists drawn from the relevant jurisdictions, providing a comparative perspective on each topic discussed. Coverage includes a focused, practical, case-study plus input from banking and insolvency professionals.
What type of right is a property right? How are items of property
classified for legal purposes? In this revised edition of Personal
Property Law, Michael Bridge provides answers to these fundamental
questions of property law. His critical analysis includes new
material on insolvency, in particular the anti-deprivation
principle and the pari passu rule, as well as comprehensive
accounts of recent case law (OBG v Allan, Yearworth, and
Datastream,) and statutory developments. Widely considered to be
the best short introduction to English personal property law,
Bridge constructs an authoritative and systematic summary of this
complex field for readers approaching the subject for the first
time. It focuses on the acquisition, loss, transfer, and protection
of interests in personal property law, and specific topics include:
ownership and possession; treatment of the separate contributions
of the common law and equity to modern personal property law;
discussion of modes of transfer; the means of protecting property
interests; the resolution of disputes concerning title to personal
property; the grant of security interests, and the issues arising
out of the transformation and mixing of tangible personal property.
What type of right is a property right? How are items of property
classified for legal purposes? In this revised edition of Personal
Property Law, Michael Bridge provides answers to these fundamental
questions of property law. His critical analysis includes new
material on insolvency, in particular the anti-deprivation
principle and the pari passu rule, as well as comprehensive
accounts of recent case law (OBG v Allan, Yearworth, and
Datastream,) and statutory developments. Widely considered to be
the best short introduction to English personal property law,
Bridge constructs an authoritative and systematic summary of this
complex field for readers approaching the subject for the first
time. It focuses on the acquisition, loss, transfer, and protection
of interests in personal property law, and specific topics include:
ownership and possession; treatment of the separate contributions
of the common law and equity to modern personal property law;
discussion of modes of transfer; the means of protecting property
interests; the resolution of disputes concerning title to personal
property; the grant of security interests, and the issues arising
out of the transformation and mixing of tangible personal property.
The fifth edition of this leading authority continues to provide
comprehensive analysis of the law and practice of sale of goods
under English and international law. The unique dual coverage of
contracts under English law and the UN Convention on the
International Sale of Goods (CISG) is of great value to those
interested in all types of sale of goods contracts, including the
sale of commodities. The detailed commentary provides analysis on
decided cases as well as on standard form contracts that represent
evolving trade practice. This edition offers updated and essential
analysis of the rapidly-evolving law related to the CISG, including
an assessment of how specific issues - such as no oral modification
clauses - might be addressed under the Convention. In addition, it
provides expanded coverage of standard form contracts beyond the
dry trades, including developments in electronic documentation and
further treatment of notices of appropriation and force majeure.
Further, there is a discussion of Incoterms 2020, and an expanded
and updated treatment of contractual estoppel, good faith and
contractual discretion, contractual termination and damages. As
ever, the law is explored in the context of commercial practice
making the book an ideal reference source for practitioners,
scholars, and postgraduate students.
This book provides a systematic analysis of the law of sale of
goods with reference to UK and Commonwealth authorities and
relevant UK and EU legislation. With particular clarity of
expression the work covers fully content, interpretation, and
performance issues relating to sale of goods agreements. Aspects of
consumer law are dealt with where relevant as are issues such as
recoverability of damages, currency and interest. Since the last
edition there has been a substantial flow of new case law which
include the following selected group: Yearworth (on body fluids);
Gammasonics (software); VFS Financial Services and Welcome
Financial Services (on Part III of the Hire Purchase Act); Great
Elephant (on a seller's s 12 liability); Force India Formula One
(s.12 and recovery of money on a failure of consideration); The
Mercini Lady (on risk and durability); damages decisions in the
wake of The Achilleas; Kulkarni and Wincanton (on the passing of
property); Samarenko (on making time of the essence); Brewer
(description); McDonald (on examination and satisfactory quality);
Lowe (Part 5A of the Sale of Goods Act); case law under the
Consumer Protection from Unfair Trading Regulations 2008. All of
these, and others, are given full treatment in this new edition.
There is also a full treatment of the 2008 regulations on
cancellation of contracts. The second edition also includes
extended analysis of proprietary rights in bulk goods, and of
fitness and quality of goods in relation to compliance with public
standards. The material on consumer protection measures has been
expanded in relation to liabilities of the seller and third
parties. Additional material also deals with changes to the
Consumer Credit Act 1974, the definition of exclusion clauses, Part
III of the Hire Purchase Act 1964, time of the essence, concurrent
contractual duties and suspension, waiver and election, description
and general contract law, and misrepresentation and insolvency.
This book provides detailed and clear treatment of problem areas
and offers new lines of argument and ideas to those interpreting
the law and presenting a case. This is a leading work of
scholarship and an invaluable reference for all lawyers and
scholars working in the field.
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.
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