词条 | United Kingdom commercial law |
释义 |
United Kingdom commercial law is the law which regulates the sale and purchase of goods and services, when doing business in the United Kingdom. History
FoundationsPersonal property{{Main|English property law}}
Contracts{{Main|English contract law}}
Agency{{Main|Agency in English law|Agency (law)}}{{Clist agency}}In the case of Watteau v Fenwick,[1] Lord Coleridge CJ on the Queen's Bench concurred with an opinion by Wills J that a third party could hold personally liable a principal who he did know about when he sold cigars to an agent that was acting outside of its authority. Wills J held that "the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority." This decision is heavily criticised and doubted,[2] though not entirely overruled in the UK. It is sometimes referred to as "usual authority" (though not in the sense used by Lord Denning MR in Hely-Hutchinson, where it is synonymous with "implied actual authority"). It has been explained as a form of apparent authority, or "inherent agency power".
Sale of goodsSale of Goods Act 1979{{Main|Sale of Goods Act 1979}}
Property passing and delivery
Terms, acceptance and rejection
Remedies and duties
Bills of exchange and banking{{See also|Bill of exchange|Bank regulation}}
Assignment and receivables{{Empty section|date=July 2010}}International sales{{Main|International commercial law}}
Commercial credit and securityPossessory security
Non-possessory security
Guarantees{{See also|Surety}}Insurance law{{Main|Insurance in the United Kingdom}}{{See also|Insurance law}}
Insolvency law{{Main|UK insolvency law}}See also
Notes1. ^[1893] 1 QB 346 2. ^e.g. GHL Fridman, 'The Demise of Watteau v Fenwick: Sign-O-Lite Ltd v Metropolitan Life Insurance Co' (1991) 70 Canadian Bar Review 329 References
1 : United Kingdom business law |
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