Chapter 13 Further reading

  • Patrick S Atiyah, ‘Couturier v Hastie and the Sale of Non-Existent Goods’ (1957) 73 LQR 340. Argues that section 6 of the SGA 1979 merely lays down a rule of construction which may be ousted by the contrary intention of the parties.
  • Celia Battersby, ‘Frustration: A Limited Future’ (1990) 134 SJ 354. Discusses the strict limits of the application of the doctrine of frustration.
  • Ratna Januarita and Yeti Sumiyati, ‘Legal risk management: can the COVID-19 pandemic be included as a force majeure clause in a contract?’ (2021) 63(2) Int. J.L.M. 219-238. Discusses a study on the legal consequences of the use of force clauses in contracts and how to manage the legal risk where such a clause is interpreted by one of the contracting parties to include the COVID-19 pandemic. Explains the scope of force majeure under the Indonesian Civil Code.
  • Ewan McKendrick, ‘The Construction of Force Majeure Clauses and Self-Induced Frustration’ [1990] 2 LMCLQ 153. Discusses the interaction between frustration and force majeure clauses in contracts.
  • Gerard McMeel, ‘Interpretation and Mistake in Contract Law: “The Fox Knows Many Things…”’ [2006] 1 LMCLQ 49. Discusses the development of common-law principles for the interpretation of contracts and consideration of intentions in assessing whether there has been mistake in the negotiation or formation of contracts.
  • Hannah Roberts, ‘Room with a View ’ (2011) L Ex Jul 27. Considers the issues raised in cases of frustration at common law and discusses how the doctrine operates.
  • Hannah Roberts, ‘On the Perishing of Goods’ (1997) 19 Buyer 7. Discusses the meaning of ‘perished’ and ‘specific goods’ in relation to the SGA 1979.
Back to top