Designed to provide legal information in a succinct and accessible way, this is one of a series of course texts, with chapters ranging from an examination of exemption clauses and breach of conditions to all aspects of hire purchase contracts. All legal jargon is explained in elementary terms, and this fifth edition features a new chapter on international sales.
Consumer Credit and the American Economy examines the economics, behavioral science, sociology, history, institutions, law, and regulation of consumer credit in the United States. After discussing the origins and various kinds of consumer credit available in today's marketplace, this book reviews at some length the long run growth of consumer credit to explore the widely held belief that somehow consumer credit has risen "too fast for too long." It then turns to demand and supply with chapters discussing neoclassical theories of demand, new behavioral economics, and evidence on production costs and why consumer credit might seem expensive compared to some other kinds of credit like government finance. This discussion includes review of the economics of risk management and funding sources, as well discussion of the economic theory of why some people might be limited in their credit search, the phenomenon of credit rationing. This examination includes review of issues of risk management through mathematical methods of borrower screening known as credit scoring and financial market sources of funding for offerings of consumer credit. The book then discusses technological change in credit granting. It examines how modern automated information systems called credit reporting agencies, or more popularly "credit bureaus," reduce the costs of information acquisition and permit greater credit availability at less cost. This discussion is followed by examination of the logical offspring of technology, the ubiquitous credit card that permits consumers access to both payments and credit services worldwide virtually instantly. After a chapter on institutions that have arisen to supply credit to individuals for whom mainstream credit is often unavailable, including "payday loans" and other small dollar sources of loans, discussion turns to legal structure and the regulation of consumer credit. There are separate chapters on the theories behind the two main thrusts of federal regulation to this point, fairness for all and financial disclosure. Following these chapters, there is another on state regulation that has long focused on marketplace access and pricing. Before a final concluding chapter, another chapter focuses on two noncredit marketplace products that are closely related to credit. The first of them, debt protection including credit insurance and other forms of credit protection, is economically a complement. The second product, consumer leasing, is a substitute for credit use in many situations, especially involving acquisition of automobiles. This chapter is followed by a full review of consumer bankruptcy, what happens in the worst of cases when consumers find themselves unable to repay their loans. Because of the importance of consumer credit in consumers' financial affairs, the intended audience includes anyone interested in these issues, not only specialists who spend much of their time focused on them. For this reason, the authors have carefully avoided academic jargon and the mathematics that is the modern language of economics. It also examines the psychological, sociological, historical, and especially legal traditions that go into fully understanding what has led to the demand for consumer credit and to what the markets and institutions that provide these products have become today.
This Manual is divided into two sections. The first deals with sale of goods and covers all major aspects of this subject, extending beyond sales contracts to include contracts for the supply of goods and services. The author deals with the essential concepts of property transfer and respective obligations of each party to perform its side of the contract and the remedies available in default. Statutory protection in its various forms is discussed and the relevant statutory provisions are appropriately extracted for ease of reference. Particular attention is given to more recent legislation, to the contribution of the European Union in this area and to the problems of electronic commerce. The work also includes consideration of recent case law. The second section, dealing with Consumer Credit, explores the Consumer Credit Act 1974, explaining its difficult concepts with clarity. The discussion is user-friendly, for example in the use of flowcharts and in concise explanation of the calculation of rebates on early settlement.
Sale of goods transactions are central to commercial life. This book provides an essential up-to-date and clear account of the law as it stands today, giving you the confidence to offer the best possible resolution for your clients. Written by a team of specialists drawn from both the academic world and professional practice, Sale of Goods provides a clear and accurate account of the law relating to the sale of goods. It provides complete analysis of the Sales of Goods Act 1979, together with amendments made to the Act in 1994 and 1995 - ensuring that your understanding is current and complete.
"Once more, we were delighted to take on the task of updating this text for its 14th edition, having taken over editorial responsibilities from the late John Adams from the 13th edition. In our preface to the previous edition, we recorded the sudden passing of Professor Adams. Sadly, in this preface, we must note another passing: on 30 March 2018, Patrick Atiyah, who wrote the 1st-8th editions of this book and continues to give the book its name, passed away at the age of 87. Patrick was one of those giants of academic contract law whose contributions continue to be read and to inspire scholars everywhere. We are both mindful of our task to maintain the scholarly rigour which he gave to this book as we take it into the future. This edition is also the first time since the 9th edition without a Scottish editor. Professor Hector MacQueen had been responsible for adding Scottish content since the 10th edition (2001), but decided that he would discontinue this role after the 13th editio n was published in 2016. We are very grateful for Hector's contributions to the work. On the advice of the book's publishers, this edition has been put together without the benefit of a Scottish editor, although we have, of course, continued to take decisions from the Scottish courts into account in updating the various chapters. Since the last edition was published, there have been few major developments in the law on the sale of goods, aside from the difficult ruling by the Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd [2016] UKSC 23 (which arrived too late for proper consideration in the previous edition). We have updated the text in light of recent cases and academic writings where appropriate. Furthermore, we have continued our task of streamlining the running order of the chapters, and we have sought to make gentle updates to the language of the book, preserving its rigour but ensuring it remains accessible to a contemporary audience. In some instances, we have ^curtailed or removed altogether the detailed discussion of the pre-1994 case-law which had become redundant as a result of the changes made to the Sale of Goods Act at that time. The rise of digital technology and new business models in the digital economy will invariably have an impact on the law concerning the sale of goods, but at this point, the real impact is not yet known. In some places, we have alluded to the possible significance of digital technology, and this could well become a more significant theme in future editions"--