Blackstone's Guide to Consumer Sales and

Blackstone's Guide to Consumer Guarantees provides a practical and contextual guide to the important new Guarantees Directive and its implementation. The book deals with the relationship and interaction of these new rights with the existing sale of goods legislation.

Christian Twigg-Flesner is a Lecturer in Law at the University of Sheffield, specializing in Commercial and Company Law.

Preface

ix

Table of Cases

xiii

Table of Legislation

xvii

Table of Statutory Instruments

xxi

Table of International Instruments

xxiii

List of Abbreviations

xxv

Introduction

1

(5)

The Relevance of the Vienna Convention on the International Sale of Goods 1980

6

(1)

Implementation of the Directive into domestic law

7

(4)

Criteria for evaluating the Regulations

11

(6)

Conclusions

17

(2)

Scope and Definitions

Introduction

19

(1)

Definitions

19

(7)

Pre-implementation English law

26

(7)

Changes made by the SSGCR 2002

33

(4)

Goods Must be in Conformity with the Contract

Introduction

37

(1)

The Directive

38

(6)

English law prior to implementation of the Directive

44

(10)

The Directive's conformity requirement

54

(17)

UK implementation of the Directive

71

(11)

Conclusion

82

(1)

Remedies

Introduction

83

(1)

The Remedial Regime in the Directive

84

(21)

Remedies in English law

105

(10)

The implementation of the Directive's remedial regime into English law

115

(17)

Commentary and conclusion

132

(5)

Exclusion of Liability

Introduction

137

(1)

The Directive's provisions

138

(5)

Existing provisions of domestic law

143

(6)

The SSGCR

149

(5)

Conclusion

154

(1)

Third Parties

Introduction

155

(2)

The position in domestic law

157

(11)

Conclusion

168

(1)

Guarantees

Introduction

169

(2)

The Directive and Guarantees

171

(10)

English law before implementation of the Directive

181

(10)

The Sale and Supply of Goods to Consumers Regulations 2002

191

(10)

Commentary and conclusions

201

(2)

Manufacturers' Liability

Introduction

203

(1)

Provisions in the Directive of relevance to manufacturers

204

(2)

The position in domestic law

206

(11)

Article 12---Consideration of direct producer liability

217

(6)

Conclusions

223

(2)

The Position of Retailers and Rights of Redress

Introduction

225

(2)

Article 4 of the Directive

227

(2)

The position of retailers in English law

229

(10)

Conclusions

239

(2)

Appendix 1 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees

241

(9)

Appendix 2 The Sale and Supply of Goods to Consumers Regulations 2002

250

(3)

Appendix 3 Sale of Goods Act 1979

253

(24)

Appendix 4 Supply of Goods and Services Act 1982

277

(18)

Appendix 5 Supply of Goods (Implied Terms) Act 1973

295

(6)

Appendix 6 Unfair Contract Terms Act 1977, s.12 and s.25

301

(2)

Bibliography

303

(2)

Index

305

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Blackstone's Guide to Consumer Sales and Associated Guarantees

Summary

Author Biography

Table of Contents

Supplemental Materials