The Development of the Implied Terms on Quantity in the Law of Sale of Goods

Thomas, S.

doi:10.1080/01440365.2014.962287

The Development of the Implied Terms on Quantity in the Law of Sale of Goods

Thomas, S.

Authors

S. Thomas

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.

Citation

Thomas, S. (2014). The Development of the Implied Terms on Quantity in the Law of Sale of Goods. The Journal of Legal History, 35(3), 281-318. https://doi.org/10.1080/01440365.2014.962287

Journal Article Type	Article
Acceptance Date	Oct 15, 2014
Online Publication Date	Oct 15, 2014
Publication Date	Sep 1, 2014
Deposit Date	Oct 28, 2015
Publicly Available Date	Mar 1, 2016
Journal	Journal of Legal History
Print ISSN	0144-0365
Electronic ISSN	1744-0564
Publisher	Taylor and Francis Group
Peer Reviewed	Peer Reviewed
Volume	35
Issue	3
Pages	281-318
DOI	https://doi.org/10.1080/01440365.2014.962287

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Copyright Statement
This is an Accepted Manuscript of an article published by Taylor & Francis Group in The Journal of Legal History on 01/09/2014 available online at: http://www.tandfonline.com/10.1080/01440365.2014.962287.