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Title: The Development of the Implied Terms on Quantity in the Law of Sale of Goods
Authors: Thomas, Sean R.
First Published: 15-Oct-2014
Publisher: Taylor & Francis (Routledge)
Citation: The Journal of Legal History, 2014, 35 (3), pp. 281-318 (37)
Abstract: The history of the development of the implied terms on short delivery is a complex story of judicial and academic ignorance of law and facts. Sir Mackenzie Chalmers’ statutory formulation of the right to correct delivery was the same as that provided in Judah Benjamin’s 1868 work on sales. However, Benjamin’s formulation was flawed, which led to a highly unsatisfactory rule of law. This article considers the history of the case law on short delivery, leading up to the 1893 codification. The operation of the statutory rule further illustrates the depth of confusion which remained following codification. A comparison with the history of short delivery in the United States demonstrates that the confusion within the English system could easily have been avoided.
DOI Link: 10.1080/01440365.2014.962287
ISSN: 0144-0365
eISSN: 1744-0564
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Archived with reference to SHERPA/RoMEO and publisher website. This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Legal History on 2014-10-15, available online:
Appears in Collections:Published Articles, School of Law

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