Description
Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods, not just in the UK but also internationally, Benjamin's Sale of Goods has firmly established itself as the premier publication on the topic.
The 12th edition, published in December 2023, now includes a 2nd cumulative supplement published in December 2025. The supplement updates the 12th edition with recent case law and legislative developments
First published in 1868 and frequently cited in court, its depth and coverage make Benjamin an essential reference tool and a must-have purchase for commercial practitioners, academics and barristers.
Part of the Common Law Library, this new 12th edition of Benjamin's Sale of Goods is now presented in two volumes and content highlights include the following:
- Covers the needs of practitioners interested in all areas of sale of goods case law
- Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws
- Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values
- Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations
- Sets out the nature and formation of the contract of sale
- Includes discussion of unfair contract terms in commercial and consumer sales
- Details the remedies available when disputes arise
- Explains the implications of E-Commerce, including electronic contracts and payments
- Examines the law on Letters of Credit
- Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives
- Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999
- Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection
- Provides authoritative discussion on conflict of laws
- Examines the international scope of the subject, with chapters on overseas sales Takes you through the laws relating to consumer protection
New to the 12th edition:
- Extensive coverage of post-Brexit legislation, principally the Retained EU Law (Revocation and Reform) Act 2023
- Electronic Trade Documents Act 2023
- International Standard Demand Guarantee Practice (ISDGP)
- Report of the Law Commission, Consumer Sales Contracts: Transfer of Ownership (No.398)
- Digital Markets, Competition and Consumers Bill 2023
- Incorporates new case law in all areas
Key new case law and legislation covered in the supplement includes:
- King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 17 (deemed performance of conditions precedent; deposits)
- RTI Ltd v MUR Shipping BV [2024] UKSC 18 (force majeure clauses and “reasonable endeavours”)
- Sharp Corp Ltd v Viterra BV [2024] UKSC 14 (market damages and mitigation; C and F Free Out contracts)
- Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc [2024] SCC 20, Can (description and exemption clauses)
- Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 (exemption clauses)
- Primeo Fund v Bank of Bermuda (Cayman) Ltd [2023] UKPC 40 (contributory negligence)
- Banco Intesa Sanpaolo SA v Comune di Venezia [2023] EWCA Civ 1482 (restitution and applicable law)
- Lipton v BA City Flyer Ltd [2024] UKSC 24 (interpretation of retained EU law)
- Brexit developments on retained and assimilated EU law
- Digital Markets, Competition and Consumers Act 2024
Table of Contents
Volume 1 (Chs 1-17)
Preface
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European Legislation
Table of International Conventions
Table of Foreign Legislation
PART ONE: NATURE AND FORMATION OF THE CONTRACT OF SALE
1. THE CONTRACT OF SALE OF GOODS
2. FORMATION OF THE CONTRACT
3. APPLICATION OF GENERAL CONTRACTUAL PRINCIPLES
PART TWO: PROPERTY AND RISK
4. THE TITLE OF THE SELLER
5. PASSING OF PROPERTY
6. RISK AND FRUSTRATION
7. TRANSFER OF TITLE BY NON-OWNERS
PART THREE: PERFORMANCE OF THE CONTRACT
8. DELIVERY
9. ACCEPTANCE AND PAYMENT
PART FOUR: DEFECTIVE GOODS
10. CLASSIFICATION OF STATEMENTS AS TO GOODS
11. TERMS AS TO DESCRIPTION AND QUALITY IMPLIED BY THE SALE OF GOODS ACT
12. REMEDIES IN RESPECT OF DEFECTS
13. EXEMPTION CLAUSES
PART FIVE: CONSUMER PROTECTION
14. CONSUMER PROTECTION
PART SIX: REMEDIES
15. THE SELLER’S REMEDIES AFFECTING THE GOODS
16. OTHER REMEDIES OF THE SELLER
17. THE REMEDIES OF THE BUYER
APPENDIX ONE
SALE OF GOODS ACT 1979
Volume 2 (Chs 18-26)
PART SEVEN: OVERSEAS SALES
18. OVERSEAS SALES IN GENERAL
19. C.I.F. CONTRACTS
20. F.O.B. CONTRACTS
21. OTHER SPECIAL TERMS AND PROVISIONS IN OVERSEAS SALES
22. PAYMENT IN INTERNATIONAL SALES
23. DOCUMENTARY CREDITS
24. AUTONOMOUS GUARANTEES
25. EXPORT CREDIT GUARANTEES
PART EIGHT: CONFLICT OF LAWS
26. CONFLICT OF LAWSPart One Nature and formation of the Contract of Sale;
- 1 The contract of sale of goods;
- 2 Formation of the contract;
- 3 Application of general contractual principles;
Part two Property and risk;
- 4 The title of the seller;
- 5 Passing of property;
- 6 Risk and frustration;
- 7 Transfer of title by non-owners;
Part three Performance of the contract;
- 8 Delivery;
- 9 Acceptance and payment;
Part four Defective goods;
- 10 Classification of statements as to goods;
- 11 Terms as to description and quality implied by the sale of goods act;
- 12 Remedies in respect of defects;
- 13 Exemption clauses;
Part five Consumer protection;
- 15 The seller’s remedies affecting the goods;
- 16 Other remedies of the seller;
- 17 The remedies of the buyer;
Part seven Overseas sales;
- 18 Overseas sales in general;
- 19 CIF contracts;
- 20 FOB contracts;
- 21 Other special terms and provisions in overseas sales;
- 22 Negotiable instruments in overseas sales;
- 23 Documentary credits;
- 24 Autonomous guarantees;
- 25 Export credit guarantees;
Part Eight Conflict of laws;
- 26 Conflict of laws;
- Appendix The Sale of Goods Act 1979
