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The Development of the Implied Terms on Quantity in the Law of Sale of Goods

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journal contribution
posted on 11.02.2015, 12:11 by Sean R. Thomas
The history of the development of the implied terms on short delivery is a complex story of judicial and academic ignorance of law and facts. Sir Mackenzie Chalmers’ statutory formulation of the right to correct delivery was the same as that provided in Judah Benjamin’s 1868 work on sales. However, Benjamin’s formulation was flawed, which led to a highly unsatisfactory rule of law. This article considers the history of the case law on short delivery, leading up to the 1893 codification. The operation of the statutory rule further illustrates the depth of confusion which remained following codification. A comparison with the history of short delivery in the United States demonstrates that the confusion within the English system could easily have been avoided.

History

Citation

The Journal of Legal History, 2014, 35 (3), pp. 281-318 (37)

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

The Journal of Legal History

Publisher

Taylor & Francis (Routledge)

issn

0144-0365

eissn

1744-0564

Copyright date

2014

Available date

15/04/2016

Publisher version

http://www.tandfonline.com/doi/abs/10.1080/01440365.2014.962287

Language

en

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