Academic opinions Flashcards
A Ho ‘Some reflections on Prop and title’
Def of prop in the act does not carry us far
prop and title are different but related
def of prop informs us of the extent to which s must relinquish his interests in the goods to B
functionally passing of prop has internal and external consequences - affects relation and strength of claim to TP
prop must be analysed in context of particular transaction
G Battersby ‘A Recognition of Prop and title’
Says earlier article is reliant on the concept of title
generally accepted but different concepts
argues concept of title is key starting point
s.2(1) means entirety of s’s rights
S Green + D Saidor ‘Software as goods’
Software is remarkable 1) unique and 2) ubiquitous
uncertainty in whether should count as goods
argues should be goods in approp situs
Need specialist rules to govern softwarre due to size
Dame Mary Arden ‘Time for English COm code’
discusses original SGA 1893 which was intended to codify rather than alter common law
diff between code and SGA is the whole of law in a code
stille areas of law not in SGA
case for codification based on whether it is desirable
it has worked well in the past and good reason to believe w help of commercial lawyers, community and support fo gov could be successfully achieved
W Prosser ‘Open Price in contracts in SGA”
Legal obstacle is certainty - price essential for consideration and no measure of B’s ob to perform
rule causes endless confusion
where price left open can refer to market - readily avilable and ascertainable
no uniformity of decisions
Paul J Omar ‘Contracts for SGA’
In UK law spread over various texts which may mean further reform
Bradgate ‘Reform of SGA’
Reforms offer some protection to B
NO application where is a contract for wholly unascertained goods and no agreement made to satisfy contract from bulk
Needs to apply to general stock even tho law com expressly excluded
Bradgate and White
nothing about allocation of risk between S+B
Janet
What whould happen if has been an addition by S of own goods to bulk
