Goode on Commercial Law

Goode on Commercial Law is 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 House of Lords (now the Supreme Court) downwards, combines a deep theoretical analysis with a practical approach which examines the theory in the context of typical commercial and financial agreements, both domestic and international. The work is replete with diagrams and specimen forms covering a wide range of transactions. This Fifth edition of Goode on Commercial Law, written by Professor Roy Goode, has been fully edited and revised by Professor Ewan McKendrick to take account of key legal developments. Newly updated in the fifth edition: * Coverage of amendments to the Companies Act 2006 in relation to the registration of security interests in the Companies Registry; * Revised Chapter 37 covers the Brussels I Regulation Recast dealing with questions of jurisdiction and the recognition and enforcement of judgments in civil proceedings; * Central provisions of the Consumer Rights Act 2015 have been included in the section on sales * Incoterms 2010 has also been included in chapter 32; * Takes into account the leading Supreme Court decisions, including FHR European Ventures LLP v Cedar Capital Partners LLC (agency), PST Energy 7 Shipping LLC v O.W. Bunker Malta Ltd (sale of goods), Patel v Mirza (illegality), Arnold v Britton (interpretation of contracts), Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis (penalty clauses).

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