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

Thomas, S.

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
• Public URL: https://durham-repository.worktribe.com/output/1419051