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Commercial Law: Sale of Goods - University of Wolverhampton

Commercial Law: Sale of Goods - University of Wolverhampton

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Ltd [1988] 1 WLR 150SGA 1979: s19PERSONAL REMEDIESi Action for the price* Stein, Forbes & Co Ltd v County Tailoring Co Ltd (1916) 86 LJKB 448* Workman Clark & Co Ltd v Lloyd Brazileno [1908] 1 KB 968SGA 1979: s49ii Damages for non-acceptanceCharter v Sullivan [1957] 2 QB 117; [1957] 2 WLR 528* Lazenby Garages Ltd v Wright [1976] 1 WLR 459Shearson Lehman Hutton Inc v Maclaine Watson & Co Ltd (No 2) [1990] 1 Lloyd’s Rep 441Thompson (WL) Ltd v R Robinson (Gunmakers) Ltd [1955] 2 WLR 185SGA 1979: s50GENERALSGA 1979: ss27–54Cases marked with an * can be found in your Textbook; all other casescan be found in your 150 Leading Cases.Self-Study Questions1 When may a buyer recover loss <strong>of</strong> pr<strong>of</strong>it when the seller fails to deliver?2 What are the limits on the buyer’s right to demand repair orreplacement <strong>of</strong> faulty goods and on the buyer’s right to claim areduction <strong>of</strong> the purchase price or rescission <strong>of</strong> the contract?3 What is an unpaid seller? What are such a person’s rights?4 If an unpaid seller resells, will the new buyer receive good title?5 What is the difference between a right <strong>of</strong> resale and a power <strong>of</strong> resale?6 Why would a seller want a reservation <strong>of</strong> title clause?Sample Questions1 ‘The ultimate real remedy an unpaid seller may exercise in relation to the goods is the right <strong>of</strong> resale.’Describe the real remedies <strong>of</strong> the unpaid seller and discuss the circumstances in which the right <strong>of</strong>resale will arise, explaining the effects <strong>of</strong> the resale on the original contract <strong>of</strong> sale.(<strong>Wolverhampton</strong> LLB by Distance Learning, May 1999, Question 3.)2 ‘A retention <strong>of</strong> title clause (sometimes known as a Romalpa clause) is much more limited inits application that it had originally been believed.’Discuss.(<strong>Wolverhampton</strong> LLB by Distance Learning, May 2001, Question 3.)

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