Subjects:

Consumer Law

Contents:



Business to business transactions

Sale of goods

Supply of goods

Carriage of goods

Supply of services

Mixed contracts for the supply of goods and services

Supply of goods on credit

Goods as security

Securitisation of receivables

Consumer contracts

Sale of goods

Hire of goods

Supply of services

Supply of work and material

Consumer credit

Data protection

Precedents

Transactions for the supply of goods and services between private individuals

Intention to create legal relations

Duress and undue influence

Misrepresentation

Gifts

Contracts for the supply of goods and services

Precedents

Sale of goods and the internet

Sale, purchase, issues in relation to consumers, issues in relation to security of information precedents

Defective contracts for the supply of goods and services

Incapacity

Uncertainty

Lack of consideration

Mistake

Illegality

Frustration

Force majeure

Remedies for defective performance

Under the contract

Claims in tort

Misrepresentation

Unjust enrichment

Dealing with claims

Disputes

High Court litigation

County court litigation

Arbitration

Mediation and alternative dispute resolution

Other remedies

Precedents and checklists

Sale and Supply of Goods and Services gives practical advice on the principles, practice and procedures for every aspect of the law in this area. It enables practitioners to solve the issues they may encounter in practice, and covers business to business transactions, business to consumer transactions and transactions between private individuals. The book includes advice on pre-contractual issues, the formation of contracts, the discharge of contracts and defective performance. The factors which can make a contract defective including mistake, frustration and force majeure are considered in full. Plus there's guidance on the remedies available for defective performance under contract and tort law, and where misrepresentation or unjust enrichment are involved.

The author explains the legal principles involved as well as the practical issues related to making and refuting claims, provides advice on using third parties to resolve issues, and explains the procedure for dispute resolution through the county court, High Court, arbitration, mediation and ADR.

Practitioners can make sure they include all the important clauses and not overlook any issues by using the checklists provided, and also save time drafting by using the complete precedents featured on the CD-ROM. The precedents are easily accessible and allow users to copy and paste the precedents and clauses into their own documents. Drafting guidance is included so users can check on the exact meaning and correct usage.

• Gives a complete guide to the principles, practice and procedure for all aspects of the sale and supply of goods and services
  
• Provides the information to solve the issues that may be encountered in practice
  
• Covers pre-contractual issues, the formation of contracts, the discharge of contracts and defective performance
  
• Looks at the legal principles, the practical issues relating to making and refuting claims, and the use of third parties to resolve them, giving the background as well as the tactics to employ
  
• Covers business to business and business to consumer transactions, as well as transactions between private individuals
  
• Includes a whole section on Sale of Goods and the Internet
  
• Considers the factors which can make a contract defective including mistake, frustration and force majeure, clarifying the principles so they can be applied correctly
  
• Helps to resolve clients disputes by providing guidance on remedies for defective performance under contract and tort law, and where misrepresentation or unjust enrichment are involved
  
• Covers the methods of dispute resolution which are available including the county court, High Court, arbitration, mediation and ADR
  
• Provides checklists to help make sure all the important points have been covered.
  
• Includes a CD-ROM of easily accessible complete precedents
  

Richard Christou is Executive Chairman of Fujitsu Services (formerly ICL). He has many years experience, drafting, advising on and negotiating commercial agreements. He is assisted by expert contributors: Fiona Caskey, Sue Cullen, Bill Dixon, Jayne Dye, Jon Fell, Vincent King, Simon Pigden and Martin Priestly, from Pinsent Masons; William Buck of Chancery House Chambers; Andrew McGee of Kings Chambers and Peter Sayer of Gough Square Chambers.