|Book||Goode: Proprietary Rights & Insolvency in Sales Transactio||31/12/2009||9781847033260||$210.00|
The concepts underlying the acquisition, reservation and loss of title to goods are complex. Yet a grasp of these is vitally important, particularly when one of the parties becomes insolvent.
Helping you understand rights to ownership, this book is a concise, lucid and evaluative explanation of the law relating to acquisition and loss of proprietary rights under contracts of sale, exploring the concepts of ownership, possession and sales.
This book covers the forms of acquisition of a wide range of assets. Dedicated chapters discuss the concept of acquiring title to goods directly and the concept and procedure of buying through an agent for both local and international sales. Included in each chapter is a thorough analysis of the procedure of acquisition and common pitfalls so you are prepared for any eventuality and have the tools you need to overcome it.
Reservation of title, mixing of goods and tracing are considered in depth, as is the continued importance and affect of the transfer of bills of lading.
Goode on Proprietary Rights and Insolvency in Sales Transactions outlines the legal principles underlying the acquisition of title to complex materials such as oil, gas, minerals and precious metals. It also highlights the problems in allocating ownership specifically for assets based in a warehouse or when they are in transit.
This edition carries on the approach of considering how the law applies to current commercial practice in a wide range of circumstances. In particular it contains a detailed analysis of new forms of commodity trading in precious metals which not only cover “unallocated” items but also enable sophisticated investors to own a specific proprietary right in a bulk of gold bullion in common with other traders.
New for this edition:
- A plethora of updated case law, with detailed analysis explaining each case and the reasoning behind each judgment.
- Covers major reforms in corporate insolvency law introduced by the Enterprise Act 2002 and its effects on sales transactions.
- Substantially rewritten to take into account two major statutory developments: section 20A of the Sale of Goods Act 1979 (rights of pre-paying buyer of an undivided interest in bulk goods) and the Carriage of Goods by Sea Act 1992 (repeat of the Bills of Lading Act 1855).
- Discusses recent developments in electronic bills of lading (Bolero and ESS-Databridge).
Concepts of Ownership, Possession and Sale
- The Nature and Significance of Real Rights
- Acquiring Title under a Contract of Sale: the Principles
- The Sale of Goods Forming Part of a Bulk
Acquiring Title to Oil, Gas and Minerals
- Ownership in General
- Extraction of Offshore Petroleum
Buying through an Agent
- Agency Arrangements
- The Transfer of Title by T: General Considerations
- The Acquisition of Full Legal Title by P
- The Acquisition of Equitable Ownership by P
- Attornment in Favour of P
- Equivocal Transactions
- Purchase Without or in Excess of Authority
- Agency in International Sales
Dealings in Warehoused Goods and Goods in Transit
- The Nature and Effect of a Document of Title
- Dealings in Goods in Sea Transit
- The Replacement or Localisation of Bills of Lading
Reservation of Title and Tracing Rights in Goods, Products and Proceeds
- Unauthorised Conduct by the Buyer
- Authorised Dispositions by the Buyer
- Conflicts between the Seller and Third Parties as to Proceeds
- Establishing the Reservation of Title
- The Buyer as Agent
- Drafting Considerations
- The Effect of Administration on the Enforcement of Reservation of Title Provisions
- The European Insolvency Regulation
- The Reform of the Law Relating to Reservation of Title.
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