Chapter

The English Law of Sale of Goods

SIMON WHITTAKER

in Liability for Products

Published in print September 2005 | ISBN: 9780198256137
Published online March 2012 | e-ISBN: 9780191681639 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256137.003.0010
The English Law of Sale of Goods

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This chapter discusses English law governing the sale of goods. From the starting point of a general immunity enjoyed by sellers expressed by the catchy (if un-Roman) tag caveat emptor, English law has developed a number of different bases of liability based on the law of sale, or appearing in its context. As in the French law, under the garantie légale or for défauts de non-conformité, liability is strict in the sense that the buyer does not need to show ‘fault’ or negligence for liability to be established; as in French law, ‘liability’ extends to rights in a buyer to claim termination of the contract and restitution of the price, as well as to damages. And as regards both systems, we can see the growing significance of consumer sales in the development of the rules and concepts used by the law.

Keywords: English law; sale; caveat emptor; seller’s liability; product liability; fault; negligence; buyers; French law

Chapter.  26033 words. 

Subjects: Comparative Law

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