Academic literature on the topic 'Sales of goods act'

This thesis attempts to critically and comparatively analyse the issues relating to the passing of property and risk under the United Nations Convention on the Contract for International Sale of Goods (CISG) and English Law (SGA). The passing of property and risk plays a central role in the area of international legislation in relation to sales contracts. These elements can be the most significant components in contracts of sale between parties, whether in the international or domestic field. The reason is founded on their legal nature and the close relationship between them. The passing of property and risk has been a central issue for practitioners, judges and lawyers dating back to the Roman period and several ideas have been proposed to resolve it. Where the situation is different for contracts of sale in relation to the passing of property and risk, whether in the domestic or international field, it still creates many unresolved problems, because of ongoing changes in the field of modern commerce, which may contribute to unfair implications between the parties. It has been observed in this thesis that both English law and the CISG adopt the party autonomy principle, where the intention of the parties - whether in relation to the passing of property or risk - is the basic rule. However, the difference lies in the default rules. While English law involves default substitutional rules, which apply in cases where there is an absence of an expressed or implied indication regarding the intention between the parties, the CISG lacks such default rules regarding the transfer of property, which could be viewed as its main weakness, although the CISG does involve such provisions with respect to the transfer of risk. This thesis willdiscusses, the legal nature of the rules in relation to the passing of property and risk, and the role of the party autonomy principle, and the impacts and legal difficulties that might arise through the application of these rules, whether they are default rules or based on the party autonomy principle. It will also examine the legal gaps and weaknesses of both legal systems in an attempt to identify such legal difficulties and to find appropriate solutions and remedies.

This thesis attempts to critically and comparatively analyse the doctrine of exemption/frustration /force majeure under the United Nations Convention on the Contract for International Sale of Goods (CISG) the UNIDRIOT Principles of International Commercial Contracts (UNIDROIT) and the English Law. The doctrine of exemption/frustration/force majeure is very important in the area of contract and commercial law, it is a doctrine deeply rooted in fairness and allows a party to be excused from performing an obligation in a contract if at the conclusion of the contract an inhibition beyond the foreseeable control of the party happens to render the performance of the contract impossible. However, it is not easy to effectively streamline this doctrine and properly determine its applications. It has been observed in this thesis that, the doctrines of exemption/frustration /force majeure are not exactly the same; this thesis explores in details severally and jointly the various differences and similarities in the interpretations and applications of these impossibility doctrines. For instance, the open and flexible use of words in the definition of this doctrine under the CISG and the UNIDROIT Principles left much to be desired. Thus, it is one of the succinct arguments of this thesis that couching international law in loose words will work against the uniformity of application of this law, due to the different interpretations national law courts will be subjecting it to. This among other issues retarded the growth and development of the doctrine of exemption and force majeure. Furthermore, English law stance on the doctrine of frustration which can be gleaned from both the Sale of Goods Act of 1979 and the Common law are far from being adequate and need to be updated. This thesis therefore incisively laid bare the applications, interpretations and way forward for the doctrine of exemption/frustration/force majeure under the legal instruments of focus of this work. The thesis also comparatively compares the relationship between the doctrine of frustration/force majeure/exemption and other related doctrines like mistake, termination, avoidance, risk, and hardship. The thesis is concluded with a Draft Model Frustration Clause (DMFC) which is an attempt to rise above the status quo doctrine of frustration in the extant laws and develop a frustration clause that will be able to provide answers to the many flaws that trail these laws.

This thesis deals with how ownership is transferred in connection with international sale contracts. It shows what stumbling blocks might be avoided by observing peculiarities of the law applicable to an international sales contract and especially to the transfer of ownership. Thereby, the following legal systems will be taken into consideration: Lex Mercatoria, Swiss Law, South African Law and English Law. The aim of every domestic and international sales contract is to pass the property of goods from one contract party to the other contract party against the payment of a certain price. Contracts of sales whether written, oral or simple because of a conclusive behaviour are always the basis for transfer of ownership. Every international sales contract is governed by a particular national law or by the so called Lex Mercatoria. Since it is in the parties' autonomy to choose the law governing the contract (freedom of choice) it is critical to know what consequence this choice has on transferring the property, or whether this choice has a consequence at all. International sales contracts mean contracts where parties of different countries are involved. Internationality is defined in Article 1 (1) of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) as: "This convention applies to contract of sales of goods between parties whose places of business are in different states" . The obligations of the seller and the buyer are stated in Article 30 and 53 CISG. "The seller must deliver the goods, hand over any documents relating to them and transfer the property as required by the contract and this Convention." "The buyer must pay the price for the goods and take delivery of them as required by the contract and this Convention". Section 2 (1) of the English Sale of Goods Act 1979 defines a contract for the sale of goods as: " a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." Article 184 Section 1 of the Swiss Code of Obligations (CO) states the following: "A contract of sale is a contract whereby the seller obligates himself to deliver to the buyer the object of purchase and to transfer title thereto to the buyer, and the buyer obligates himself to pay the purchase price to the seller". In South Africa there is obviously no specific act on the sales of goods. Therefore, the requirements for a valid contract have to be derived from common law. Hackwill states that a sales contract is a mutual contract for the transfer of possession of an object in exchange for a price. As mentioned above the contract between seller and buyer is always the basis for the transfer of ownership. However, how the ownership finally transfers in the mentioned legal systems will be established below. All of the mentioned systems of law are more or less based on Roman Law which established the parameters/rules for property law. South African's law of property, sales, and contracts as well as English and Swiss Law can be traced back to Roman Law. Examining this common background by tracing the conceptualization of transfer of ownership in the Roman Property Law will illustrate the extent to which the rules on the transfer of property have evolved since the classical era in order to meet changing needs of modern legal systems.

The rules governing risk to goods in transit contained in the British Columbia Sale of Goods Act are based on a statute enacted in 1893. Although the method of transport as well as the types of goods being transported have changed significantly since that time, the rules have not been modified. The hypothesis explored in this thesis is whether rules governing risk to goods in transit drafted in the late nineteenth century represent efficient rules in the late twentieth century. The thesis applied economic analysis to the rules to test their efficiency. The rules were tested in the ocean transit environment. It was concluded that the rules were not efficient and required substantial modification. An efficient set of rules governing risk to goods in transit was advanced.<br>Law, Peter A. Allard School of<br>Graduate

Thesis (M.B.A.)--Massachusetts Institute of Technology, Sloan School of Management, 2013.<br>Cataloged from PDF version of thesis.<br>Includes bibliographical references (p. 133-138).<br>This thesis proposes a framework to help managers facing growth challenges or commoditization problems in business to business, particularly with capital goods. The framework is based on the proposition that strategy, marketing and sales are cycles that happen with different durations. Strategy defines perspective, plans, position and patterns. It encompasses several marketing cycles where offerings are defined; pricing policies are declared; channels are chosen and promotions are deployed. Several cycles of sales will happen within a marketing cycle with respect to the timing of deals in the specific industry in which the firm operates. The framework proposes the use of strategy-based analysis to identify whether problems and the need for change or adjustment are in the strategy, marketing or sales dimension. Various aspects of strategy, marketing and sales that are relevant for capital goods are presented, drawing on parallels from practical examples based on companies or evidence from the literature. Specific propositions of strategy related to platforms, services and integrated services are presented. Four companies (ABB, GE, Voith Hydro and Rockwell) have been studied to illustrate the thesis. A collection of practices for the implementation and adaptation of changes in the organization are discussed. The thesis concludes that there is no right or wrong approach, and that it is important that managers ensure consistency within these dimensions and with other areas of the firm. Finally, some ideas for the next steps are discussed.<br>by Tadeu Rezende de Azevedo.<br>M.B.A.