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United Kingdom commercial law

United Kingdom commercial law is the law which regulates the sale and purchase of goods and services, when doing business in the United Kingdom.

Goods being transported by container ship.

History

 
The Guildhall, London was the administrative centre of London's medieval trade. Its most famous inhabitant, mythologised in the 19th century play, was Dick Whittington and His Cat who came when he heard that "London streets are paved with gold".

Foundations

Personal property

Contracts

Agency

In the case of Watteau v Fenwick,[1] Lord Coleridge CJ on the Queen's Bench concurred with an opinion by Wills J that a third party could hold personally liable a principal who he did know about when he sold cigars to an agent that was acting outside of its authority. Wills J held that "the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority." This decision is heavily criticised and doubted,[2] though not entirely overruled in the UK. It is sometimes referred to as "usual authority" (though not in the sense used by Lord Denning MR in Hely-Hutchinson, where it is synonymous with "implied actual authority"). It has been explained as a form of apparent authority, or "inherent agency power".

  • Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549
  • Creation and authority of agents
  • Disclosed and undisclosed agency
  • Agent duties and rights
  • Termination of agency

Sale of goods

Sale of Goods Act 1979

Property passing and delivery

Terms, acceptance and rejection

Remedies and duties

Bills of exchange and banking

Assignment and receivables

International sales

Commercial credit and security

Possessory security

Non-possessory security

Guarantees

Insurance law

Insolvency law

See also

Notes

  1. ^ [1893] 1 QB 346
  2. ^ e.g. GHL Fridman, 'The Demise of Watteau v Fenwick: Sign-O-Lite Ltd v Metropolitan Life Insurance Co' (1991) 70 Canadian Bar Review 329

References

  • L Sealy and RJA Hooley, Commercial Law: Texts, Cases and Materials (4th edn OUP, Oxford 2008)
  • Roy Goode, Commercial law (3rd edn Penguin, London 2004)


united, kingdom, commercial, which, regulates, sale, purchase, goods, services, when, doing, business, united, kingdom, goods, being, transported, container, ship, contents, history, foundations, personal, property, contracts, agency, sale, goods, sale, goods,. United Kingdom commercial law is the law which regulates the sale and purchase of goods and services when doing business in the United Kingdom Goods being transported by container ship Contents 1 History 2 Foundations 2 1 Personal property 2 2 Contracts 2 3 Agency 3 Sale of goods 3 1 Sale of Goods Act 1979 3 2 Property passing and delivery 3 3 Terms acceptance and rejection 3 4 Remedies and duties 4 Bills of exchange and banking 5 Assignment and receivables 6 International sales 7 Commercial credit and security 7 1 Possessory security 7 2 Non possessory security 7 3 Guarantees 8 Insurance law 9 Insolvency law 10 See also 11 Notes 12 ReferencesHistory Edit The Guildhall London was the administrative centre of London s medieval trade Its most famous inhabitant mythologised in the 19th century play was Dick Whittington and His Cat who came when he heard that London streets are paved with gold Lex Mercatoria Hanseatic league Guild Mercantilism Freedom of contract Laissez faireFoundations EditPersonal property Edit Main article English property law Real property and personal property Ownership Equitable ownership Possession Attornment BailmentContracts Edit Main article English contract law Commercial contractsAgency Edit Main articles Agency in English law and Agency law In the case of Watteau v Fenwick 1 Lord Coleridge CJ on the Queen s Bench concurred with an opinion by Wills J that a third party could hold personally liable a principal who he did know about when he sold cigars to an agent that was acting outside of its authority Wills J held that the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character notwithstanding limitations as between the principal and the agent put upon that authority This decision is heavily criticised and doubted 2 though not entirely overruled in the UK It is sometimes referred to as usual authority though not in the sense used by Lord Denning MR in Hely Hutchinson where it is synonymous with implied actual authority It has been explained as a form of apparent authority or inherent agency power Hely Hutchinson v Brayhead Ltd 1968 1 QB 549 Creation and authority of agents Disclosed and undisclosed agency Agent duties and rights Termination of agencySale of goods EditSale of Goods Act 1979 Edit Main article Sale of Goods Act 1979 Sale of Goods Act 1979 the primary statute applicable to the sale of goods Property passing and delivery Edit Title retention clauseTerms acceptance and rejection Edit Unfair Contract Terms Act 1977 Consumer Protection Distance Selling Regulations 2000Remedies and duties Edit United Nations Convention on Contracts for the International Sale of Goods UNCITRAL Model Law on International Commercial ArbitrationBills of exchange and banking EditSee also Bill of exchange and Bank regulation Negotiable instrument Bill of exchange Bank regulation Payment systems ChequesAssignment and receivables EditThis section is empty You can help by adding to it July 2010 International sales EditMain article International commercial law United Nations Convention on Contracts for the International Sale of Goods Free alongside ship contract Free on board contract Cost insurance freight contractCommercial credit and security EditPossessory security Edit Pledges LiensNon possessory security Edit Mortgage Equitable charge Equitable lienGuarantees Edit See also SuretyInsurance law EditMain article Insurance in the United Kingdom See also Insurance law Life Assurance Act 1774 uberrimae fidei Subrogation Marine insurance and Marine Insurance Act 1906Insolvency law EditMain article UK insolvency lawSee also EditInternational commercial law Islamic Commercial Law UK competition law UK labour law UK company law European Union Value Added Tax Bill of lading Principal commercial law Centre for Commercial Law StudiesNotes Edit 1893 1 QB 346 e g GHL Fridman The Demise of Watteau v Fenwick Sign O Lite Ltd v Metropolitan Life Insurance Co 1991 70 Canadian Bar Review 329References EditL Sealy and RJA Hooley Commercial Law Texts Cases and Materials 4th edn OUP Oxford 2008 Roy Goode Commercial law 3rd edn Penguin London 2004 This article relating to law in the United Kingdom or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title United Kingdom commercial law amp oldid 1084088446, wikipedia, wiki, book, books, library,

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