Chapter 16 Further reading

  • John Adams, ‘Damages in Sale of Goods: A Critique of the Provisions of the Sale of Goods Act ’ [2002] JBL 553. Discusses and compares buyers’ and sellers’ remedies, including differential between contract and market, place of tender, late delivery, sub-sales, lost volume sellers, price and anticipatory breach, and specific performance.
  • Gordon Goldberg, ‘Resale: Performance or Rescission ’ [1995] LMCLQ 470. Discusses whether a contract of sale of goods remains in existence after a seller has exercised his right of resale or whether it is rescinded.
  • Louise Gullifer, ‘Sales on Retention of Title terms: is the English law analysis broken?’ (2017) 133 LQR 244 Examines the history of the Bunkers litigation and how the final decision delivered by the Supreme Court has created uncertainty around the use of retention of title clauses.
  • Vanessa Mak, ‘The Seller’s Right to Cure Defective Performance—A Reappraisal’ [2007] LMCLQ 409. Discusses whether English law lends support to a right to cure for the seller in case of defective performance in sale contracts.
  • Djakhongir Saidov, ‘Sales law post-Res Cogitans’ (2019) 1 JBL 1-20. Considers the impact of PST Energy 7 Shipping LLC v OW Bunker Malta Ltd on UK sales law. Reviews the implications of the court characterising a bunkers contract as a sui generis supply contract rather than a contract of sale, and its extension of the seller's action for the price. Discusses the issues to be resolved before sales law can progress within the PST framework, and suggests potential reforms to the action for the price remedy.
  • John Thornely, ‘The Legal Characteristics of Plastic Money’ (1989) 48 CLJ 24. Discusses the decision in Re Charge Card Services Ltd and considers the legal characteristics and differences between credit cards and payments by cheque.
  • David Tiplady, ‘Supply of Goods and Charge Cards’ [1989] 1 LMCLQ 22. Considers whether the presumption that a buyer of goods is personally liable applies in credit card transactions so that a supplier has recourse to the buyer if the credit company fails to pay.
  • David Tiplady, ‘Damages and the Available Market’ (2004/5) Buyer 1. Examines the definition of an available market within the meaning of s 50(3) of the SGA 1979 and assesses how the appropriate level of damages might be calculated where the market price of the goods is inapplicable.
  • David Tiplady, ‘Liability for Loss of Goods’ (2008/9) Buyer 1. Considers whether the burden of proof in a loss-of-profits claim was on the seller to show that it could not have obtained a re-order from the buyer or on the third party to show that the seller could have done so.
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