Goode and McKendrick on Commercial Law

Synopsis

The sixth edition of the authoritative and acclaimed commercial law text

'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times

This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions.

'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review

'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal

'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business

'A veritable tour de force' Business Law Review

Summary

Chapter 1: Introduction to Commercial Law

Summary:
* Defines commercial law, its scope, and interactions with other areas of law.
* Discusses the importance of commercial law in facilitating business transactions and protecting economic interests.
* Explores the sources of commercial law, including statutes, common law, and international conventions.

Real Example:
A business contract that outlines the terms of sale for a particular product, specifying the price, quantity, and delivery terms.

Chapter 2: The Contract of Sale

Summary:
* Explains the elements of a valid contract, including offer, acceptance, consideration, and intention.
* Covers the different types of contracts, such as express contracts, implied contracts, and sale-of-goods contracts.
* Discusses the implied terms and conditions that apply to contracts of sale, such as warranties of title and merchantability.

Real Example:
A purchase order from a buyer to a seller, outlining the specific details of the goods being purchased and the agreed-upon price.

Chapter 3: Formation of the Contract

Summary:
* Explores the process of contract formation, including offers, invitations to treat, and counteroffers.
* Discusses the requirements for a valid offer, such as certainty and communication.
* Explains the concept of acceptance and its different forms, such as express acceptance and implied acceptance.

Real Example:
An email from a seller to a buyer, proposing specific terms for the sale of a product. The buyer's subsequent reply, confirming their agreement to these terms, would constitute an acceptance.

Chapter 4: Terms of the Contract

Summary:
* Discusses the different types of terms in a contract, such as express terms, implied terms, and conditions.
* Explains the principles of contractual interpretation, including the literal rule, the golden rule, and the mischief rule.
* Covers the concept of exemption clauses and their limitations.

Real Example:
A warranty clause in a sales contract, which outlines the seller's obligations to repair or replace defective products.

Chapter 5: Breach of Contract

Summary:
* Explains the different types of breach of contract, such as non-performance, defective performance, and anticipatory breach.
* Discusses the remedies available for breach of contract, including damages, specific performance, and injunctions.
* Explores the defenses to breach of contract, such as frustration, illegality, and misrepresentation.

Real Example:
A lawsuit filed by a buyer against a seller who failed to deliver the promised goods within the agreed-upon timeframe. The court may award the buyer damages to compensate for their losses.