Principles of Commercial Law notes

In-depth yet succinct revision notes of topics from all Commercial Law Lectures, comprising all relevant cases (key facts, decisions, rules) and relevant statutes, as well as some reference to journal articles and other secondary sources. Can be used for exam revision (multiple choice and/or problem/essay questions) as it contains sufficient information needed, or to accompany your coursework research for various topics in Commercial Law. (Please excuse any typos) Contents: Formation of A...

Definitions Whether Property has Passed Rules for Passing of Property Unconditional contract Deliverable state “Unconditional appropriation” Sellers Duties Buyer’s Duties

Sources of Finance: General Principles Terminology Debt Financing: Unsecured Creditors Debt Financing: Quasi-secured Creditors Debt Financing: Secured Creditors Types of Security: Possessory Types of Security: Non-possessory

History of Carriage of Goods by Sea Bill of Lading as Receipt Clean bill of lading Claused bill of lading Shippers load stow and count (STC) Quantity or Weight Leading Marks Bill of Lading as a Document of Title Bill of Lading as evidence of the contract of carriage Hague Visby Rules Limitation of Carrier’s Liability Privity of contract issues

Definition and Characteristics of Arbitration The English Arbitration Act 1996 New York Arbitration Convention Arbitration in the commercial context What is commercial? Advantages Disadvantages

Terminology Essentials of payment Money as Method of Payment Physical Money Electronic Money Bills of Exchange

Formation of Agency by: Agreement Ratification Ostensible/apparent authority or Estoppel (stopping principal from saying agent isn’t his agent) Agency of Necessity Termination of Consensual Agency: Performance Notice Inconsistent conduct Insanity Death or dissolution Cessation or transfer of business Bankruptcy Non-terminable agencies: Agency coupled with an interest Agent personally liable Duties of agent: Common law duties Fiduciary duties Duties ...

Meaning of Insolvency Event Procedure Key Players in Insolvency Key Principles History of Insolvency Abolition of Victorian Attitude to Failure to pay Debts Reform Priority in insolvency Insolvency: effects on commercial transactions Pari Passu Principle vs Insolvency-Triggered Divestment: The Anti-Deprivation Principle

1. Depositum 2. Locatio custodiae 3. Commodatum 4. Vadium 5. Locatio operis faciendi (1) 6. Locatio operis faciendi (2) 7. Mandatum Bailee’s liability: actions for negligence Theft Independent contractors Servants Sub-Bailees No defence of jus tertii Burden of proof on defendant bailee Bailor’s action for trover/conversion (to retrieve) Trover by abuse of possession Liability for servant or sub-bailee Consequences of incorporation of goods with other’s g...

In-depth yet succinct revision notes of topics from all Commercial Law Lectures, comprising all relevant cases (key facts, decisions, rules) and relevant statutes, as well as some reference to journal articles and other secondary sources. Can be used for exam revision (multiple choice and/or problem/essay questions) as it contains sufficient information needed, or to accompany your coursework research for various topics in Commercial Law. (Please excuse any typos) Contents: Formation of A...

Formation of Agency by: Agreement Ratification Ostensible/apparent authority or Estoppel (stopping principal from saying agent isn’t his agent) Agency of Necessity Termination of Consensual Agency: Performance Notice Inconsistent conduct Insanity Death or dissolution Cessation or transfer of business Bankruptcy Non-terminable agencies: Agency coupled with an interest Agent personally liable Duties of agent: Common law duties Fiduciary duties Duties ...

1. Depositum 2. Locatio custodiae 3. Commodatum 4. Vadium 5. Locatio operis faciendi (1) 6. Locatio operis faciendi (2) 7. Mandatum Bailee’s liability: actions for negligence Theft Independent contractors Servants Sub-Bailees No defence of jus tertii Burden of proof on defendant bailee Bailor’s action for trover/conversion (to retrieve) Trover by abuse of possession Liability for servant or sub-bailee Consequences of incorporation of goods with other’s g...

Sources of Finance: General Principles Terminology Debt Financing: Unsecured Creditors Debt Financing: Quasi-secured Creditors Debt Financing: Secured Creditors Types of Security: Possessory Types of Security: Non-possessory

History of Carriage of Goods by Sea Bill of Lading as Receipt Clean bill of lading Claused bill of lading Shippers load stow and count (STC) Quantity or Weight Leading Marks Bill of Lading as a Document of Title Bill of Lading as evidence of the contract of carriage Hague Visby Rules Limitation of Carrier’s Liability Privity of contract issues

Definitions Whether Property has Passed Rules for Passing of Property Unconditional contract Deliverable state “Unconditional appropriation” Sellers Duties Buyer’s Duties

Definition and Characteristics of Arbitration The English Arbitration Act 1996 New York Arbitration Convention Arbitration in the commercial context What is commercial? Advantages Disadvantages

Terminology Essentials of payment Money as Method of Payment Physical Money Electronic Money Bills of Exchange

Meaning of Insolvency Event Procedure Key Players in Insolvency Key Principles History of Insolvency Abolition of Victorian Attitude to Failure to pay Debts Reform Priority in insolvency Insolvency: effects on commercial transactions Pari Passu Principle vs Insolvency-Triggered Divestment: The Anti-Deprivation Principle