Commercial and Consumer Sales Transactions: Cases, Text and Materials, 4th Edition

 
Commercial and Consumer Sales Transactions: Cases, Text and Materials, 4th Edition
Author(s):
 
ISBN:
978-1-55239-054-2
 
Publisher:
Emond Publishing
 
Page Count:
776
 
Status:
Available
 
Publication Date:
December 2001
 
Subjects:
Business, Corporate and Commercial Law
 
 
 
 
 

Commercial and Consumer Sales Transactions, now in its fourth edition, provides a comprehensive overview of Canadian sales law with a focus on the parties’ substantive rights and obligations and how these rights are enforced (or not enforced) in practice, particularly in the consumer area. Topics covered include:

  • The impact of electronic commerce on contractual relations
  • Seller’s implied obligations with respect to description, quality, and delivery
  • Transfer of title between owners and non-owners
  • Manufacturer’s liability
  • A range of buyer’s remedies
  • Preface to the Fourth Edition
  • Acknowledgments
  • Detailed Table of Contents
  • Table of Cases
  • Table of Abbreviations
  • Concordance of Sale of Goods Acts
  • Chapter 1: Evolution of Modern Sales and Consumer Law
    • Sales Law
    • The Development of Canadian Consumer Law
    • The Impact of Electronic Commerce on Commercial and Consumer Transactions
  • Chapter 2: Concept of Sale
    • Introduction
    • Lease or Sale: The Form and Substance Problem
    • Contracts for Work and Materials
    • Consignment Agreements, Contracts of “Sale or Return” and Sales “On Approval”
  • Chapter 3: Formation of the Contract
    • Introduction
    • The Contractual Problems in Consumer Transactions
    • Writing Requirements
    • Writing Requirements in the Digital Age and the Shrinkwrap Problem
    • Consequences of Non-Compliance with Consumer Writing Requirements
    • Consumer Protection and the Contract Making Process: Specific Responses
    • Contract Policing: A Generalized Doctrine of Unconscionability
  • Chapter 4: Scope of the Contract
    • Private Law Aspects
    • Characterization of Contractual Terms
    • Manufacturers’ Representations
    • Public Law Aspects of False Advertising
  • Chapter 5: Seller’s Implied Obligations: Title, Quiet Possession and Freedom from Encumbrances
  • Chapter 6: Seller’s Implied Obligations with Respect to Description
  • Chapter 7: Seller’s Implied Obligations with Respect to Quality
  • Chapter 8: Seller’s Implied Obligations: Fitness for Use, Sales by Sample, Private Sales, and Food and Drug Laws
    • The Implied Conditions in a Sale by Sample
    • Private Sales
    • Public Control of Food, Drugs and Hazardous Products
  • Chapter 9: Manufacturer’s Liability for Defective Goods: The Privity Problem
    • Introduction
    • Judicial and Legislative Developments
    • The Problem of Horizontal Privity and the Position of Subsequent Transferees
  • Chapter 10: Manufacturer’s Express Performance Warranties
  • Chapter 11: Seller’s Delivery Obligations
    • Meaning of Delivery
    • Time of Delivery
    • Use and Interpretation of Mercantile Shipping Terms
    • Delivery and Documents of Title
  • Chapter 12: Risk of Loss and Frustration of the Contract of Sale
    • Risk of Loss
    • Frustration of Contract of Sale
  • Chapter 13: Property (Title) Aspects of the Contract of Sale: Transfer of Title Between Seller and Buyer
  • Chapter 14: Property (Title) Aspects of the Contract of Sale: Transfer of Title by Non-Owner
    • Introduction
    • Estoppel
    • Mercantile Agents
    • Seller in Possession
    • Buyer in Possession
    • Voidable Title
    • Reform
  • Chapter 15: Buyer’s Obligations and Seller’s Remedies for Buyer’s Breach
    • Introduction
    • Actions for the Price
    • Seller’s Right of Resale
    • Measurement of Damages in Lost Volume Sales
    • Anticipatory Repudiation and Measurement of Damages
    • Relief from Forfeiture of Monies Paid
  • Chapter 16: Buyer’s Remedies for Breach of Seller’s Obligations: Right of Rejection
  • Chapter 17: Buyer’s Remedies: Damages, Specific Performance and Other Remedies
    • The Measure of Damages
    • Specific Performance, Actions in Detinue and Replevin Remedies
  • Chapter 18: Disclaimers and Limitations of Liability, Choice of Law and Jurisdictional Clauses, and Class Actions
    • Introduction
    • The Role of Disclaimer Clauses
    • Judicial Reactions
    • Legislative Reactions
    • Choice of Law and Jurisdictional Clauses, and Class Actions

Appendix: Vehicle Purchase Agreement

 
 
 
 
Prices and Formats
 

Commercial and Consumer Sales Transactions: Cases, Text and Materials, 4th Edition

Format: Print
Cover: Hardcover
Colour: One Colour
Status: Available
ISBN/ISSN:978-1-55239-054-2P

Price: $104.00
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