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Goode & McKendrick on Commercial Law, 6th Edition

Goode & McKendrick on Commercial Law, 6th Edition

作者： Ewan McKendrick
出版商： LexisNexis U.K.
ISBN: 9781474317238
出版时间 August 2020
规格： Hardback
适应领域： Commonwealth, International, U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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This Sixth edition of Goode on Commercial Law has been retitled Goode and McKendrick on Commercial Law and it remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. This highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions.

Key updates for this new edition include:
- Analysis of a number of high-profile Supreme Court decisions on aspects of commercial law (including retention of title clauses, insolvency, letters of credit and arbitration)
- Covers Incoterms 2020 and the Business Contract Terms (Assignment of Receivables) Regulations 2018
- The chapters on payment and money have been re-written to reflect the extensive changes that have taken place in the regulation of payment systems and the increasing reliance on electronic communications and the emergence of cryptocurrencies
- Recent developments in commercial contract law include the principles applicable to the interpretation of contracts, the regulation of no reliance and basis clauses and the emergence of negotiating damages
- New sections have been added on the importance of certainty in commercial law and the relationship between law and technology, particularly as it relates to cryptoassets and cryptocurrencies and electronic signatures
- Consideration is given to the implications of Brexit for the future of commercial law
Part I: The Foundations of Commercial Law
The nature and sources of commercial law
Basic concepts of personal property
Some aspects of contract law
Commercial contracts
Agency in commercial transactions

Part II: Domestic Sales
A brief history of sales law
The contract of sale: its nature and function
The passing of the property Risk and frustration.
Delivery
The statutory implied terms in favour of the buyer
Rejection and its consequences
Acceptance
The buyer’s remedies for misrepresentation or breach by the seller
Duties of the buyer and remedies of the seller for misrepresentation or breach
Title conflicts between seller or buyer and third parties .

Part III: Money, Payment and Payment Systems
Concepts of money and payment
Instruments generally
Bills of exchange
Cheques and the duties of bankers in relation thereto
Other instruments

Part IV: Secured Financing
The classification and characteristics of credit and security
The creation, enforcement and transfer of security rights
Principles of perfection and priorities
The floating charge

Part V: Specific Forms of Secured Business Finance
General financing considerations
Conditional sale and hire-purchase
The finance lease
Financing against stock and receivables
Guarantees

Part VI: Corporate Insolvency
Principles of corporate insolvency law

Part VII: International Trade and Finance
The characteristics and organisation of international sales transactions
The Vienna Convention on international sales
Documentary sales
The financing of international trade
Rights and duties of the sea carrier
Conflict of laws

Part VIII: The Resolution of Commercial Disputes Litigation.
Commercial arbitration

Part IX: Envoi
Final reflections
Index

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