Chapter 17 Further Reading

Chapter 17 Further Reading

Remedies of the buyer
  • Florian Faust, ‘ Hadley v Baxendale —An Understandable Miscarriage of Justice ’ (1994) 15 Journal of Legal History 41.
Reassesses the case of Hadley v Baxendale, which introduced the rule of foreseeability into the common law of contract.
  • D Harris, ‘Specific Performance—A Regular Remedy for Consumers? ’ (2003) 119 LQR 541.

Considers the amendments to the SGA 1979 made by the Sale and Supply of Goods to Consumers Regulations 2002, which provide the consumer buyer with four remedies where goods fail to conform to the contract of sale at the time of delivery, including specific performance. Examines the power and discretion of the court under s 48E(2) to make an order requiring specific performance. Discusses the scope of the power and the use of specific performance to compel the seller to repair the contract goods.

  • Martin Hogg, ‘The Consumer’s Right to Rescind under the Sale of Goods Act: A Tale of Two Remedies’ (2003) 36 Scots Law Times 277.
Following the implementation of reforms, the Sale of Goods Act 1979 now provides for two routes for a consumer to rescind a sale of goods contract for material breach. This article argues that this dual approach is confusing and that only a single remedial route should be provided.
  • Vanessa Mak, ‘The Seller’s Right to Cure Defective Performance—A Reappraisal’ [2007] 3 LMCLQ 409.
Reviews the case law on whether a purchaser has the right to reject defective goods or should allow the vendor the opportunity to deliver a satisfactory substitute. Considers the Court of Appeal’s ruling in Clegg v Andersson [2003] EWCA Civ 320.
  • Janet O’Sullivan, ‘Rescission as a Self-help Remedy: A Critical Analysis ’ (2000) 59 CLJ 509.

Discusses the extent to which inconsistencies in case law and amongst commentators
over the operation of the remedy of rescission as a self-help remedy reflect a historical misinterpretation and highlight the need to abolish such a notion.

  • Alec Samuels, ‘The Consumer Rights Act 2015’ (2016) 3 JBL 159

Discusses the implications of the Consumer Rights Act 2015 in relation to the sale of goods and related services to consumer buyers.

  • Chris Willett, Martin Morgan-Taylor, and Andre Naidoo , ‘ The Sale and Supply of Goods to Consumers Regulations’ [2004] JBL 94.
Discusses the Sale and Supply of Goods to Consumers Regulations 2002 and
considers the implications of taking into account public statements in assessing
satisfactory quality; the conformity with Council Directive 1999/44; amendments to the rules on risk; remedies including repair, replacement, price reduction, and rescission.
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