Chapter 13 Further Reading

Chapter 13 Further Reading

Perishing of goods
  • Patrick S Atiyah, ‘Couturier v Hastie and the Sale of Non-Existent Goods’ (1957) 73 LQR 340.

Argues that section 6 of the SGA 1979 merely lays down a rule of construction which may be ousted by the contrary intention of the parties.

  • Celia Battersby, ‘Frustration: A Limited Future’ (1990) 134 SJ 354.

Discusses the strict limits of the application of the doctrine of frustration.

  • Ewan McKendrick, ‘The Construction of Force Majeure Clauses and Self-Induced Frustration’ [1990] 2 LMCLQ 153.

Discusses the interaction between frustration and force majeure clauses in contracts.

  • Gerard McMeel, ‘Interpretation and Mistake in Contract Law: “The Fox Knows Many Thingsā€¦”’ [2006] 1 LMCLQ 49.
Discusses the development of common-law principles for the interpretation of contracts and consideration of intentions in assessing whether there has been mistake in the negotiation or formation of contracts.
  • Hannah Roberts, ‘Room with a View ’ (2011) L Ex Jul 27.

Considers the issues raised in cases of frustration at common law and discusses how
the doctrine operates.

  • Hannah Roberts, ‘On the Perishing of Goods’ (1997) 19 Buyer 7.

Discusses the meaning of ‘perished’ and ‘specific goods’ in relation to the SGA 1979.

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