简介
Now in its fourth edition, "Goode: Commercial Law" is still the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Brought completely up-to-date by Professor Ewan McKendrick this highly acclaimed and authoritative text, which is regularly cited by all courts from the House of Lords (now the Supreme Court) downwards combines a deep theoretical analysis with a practical approach which examines the theory in the context of typical commercial and financial agreements, both domestic and international. The work is replete with diagrams and specimen forms covering a wide range of transactions. Key changes to this edition include: coverage of the relevant legislation and case law since the publication of the third edition; discussion of the current version of the Uniform Customs and Practice for Documentary Credits (UCP 600); consideration of the implications of the House of Lords decision in Spectrum Plus for charges over book debts in particular and floating charges in general; Treatment of the Rome I Regulation as to the law applicable to contractual obligations; developments in arbitration law, in particular decision of House of Lords in Fiona Trust; and, updates to the law of contract and sale of goods, including decisions of the House of Lords on interpretation of contracts, remoteness of damage and rights of rejection.
目录
"Part I: The Foundations of Commercial Law. The nature and sources of commercial law. Basic concepts of personal property. Some aspects of contract law. Commercial contracts. Agency in commercial transactions. Part II: Domestic Sales. A brief history of sales law. The contract of sale: its nature and function. The passing of the property. Risk and frustration. Delivery. The statutory implied terms in favour of the buyer. Rejection and its consequences. Acceptance. The buyer's remedies for misrepresentation or breach by the seller. Duties of the buyer and remedies of the seller for misrepresentation or breach. Title conflicts between seller or buyer and third parties. Part III: Money, Payment and Payment Systems. Concepts of money and payment. Instruments generally. Bills of exchange. Cheques and the duties of bankers in relation thereto. Other instruments. Part IV: Secured Financing. The classification and characteristics of credit and security. The creation, enforcement and transfer of security rights. Principles of perfection and priorities. The floating charge. Part V: Specific Forms of Secured Business Finance. General financing considerations. Conditional sale and hire-purchase. The finance lease. Financing against stock and receivables. Guarantees. Part VI: Corporate Insolvency. Principles of corporate insolvency law. Part VII: International Trade and Finance. The characteristics and organisation of international sales transactions. The Vienna Convention on international sales. Documentary sales. The financing of international trade. Rights and duties of the sea carrier. Conflict of laws. Part VIII: The Resolution of Commercial Disputes. Litigation. Commercial arbitration. Part IX: Envoi. Final reflections. Index"
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