Chapter 14 Further Reading

Chapter 14 Further Reading

Delivery and payment
  • Paul Dobson, ‘Late Payment of Instalments by Hirers’ [1987] JBL 147.

Discusses the Court of Appeal’s judgment in L ombard North Central Plc v Butterworth on whether late payment will amount to a repudiatory breach of the contract.

  • Paul Dobson, ‘Sale of Goods—Delivery’ (2005) 45 SL Rev 12.

Considers the Court of Appeal’s judgment in Computer 2000 Distribution Ltd v ICM Computer Solutions Plc on whether the defendant was liable to pay the cost of goods it had ordered from three suppliers, which had been correctly delivered according to its instructions to an individual who was found to be a fraudster, or whether it was relieved of this liability by the fact that it had never received the goods.

  • EP Ellinger, ‘Does an Irrevocable Credit Constitute Payment? ’ (1977) 40 MLR 91.

Discusses whether a court should ordinarily infer an intention on the part of a seller to accept a letter of credit as an absolute payment for the goods sold.

  • Roy Goode , ‘ Twentieth Century Developments in Commercial Law ’ ( 1983 ) 3 Legal Studies 283.
Discusses why the term as to time of delivery in Bunge Corporation v Tradax Export SA needed to be classified as a condition, rather than as an innominate term.
  • Simon Pedley and Claire Stewart , ‘Delivery of Goods: Fraudsters and Obligations’ (2005) 7 ECL&P 12.

Comments on the Court of Appeal’s decision in Computer 2000 Distribution Ltd v ICM Computer Solutions Plc on whether the responsibility for checking the credentials of anend customer placing an order for computer equipment, and of the delivery addresshe gave, lay with the seller of the computers or the supplier it engaged to deliver them. Considers whether the supplier was in breach of contract for delivering the computers to a security guard at the address rather than to the end customer in person. Examines the implications of the judgment for online retailers.

  • Jeremy Thomas, ‘Great Escapes: Terminating a Contract for Breach’ (2006) 17 Practical Law Companies 33.

Discusses recent case law concerning the circumstances in which parties are entitled to terminate commercial contracts for breach. Examines the termination of contracts for any breach, repeated breaches, material breach, and substantial breach. Highlights drafting considerations. Includes a specimen termination clause.

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