Posted: December 30th, 2015

‘[i]n all mercantile transactions, the great objective should be certainty’ ~ Vallejo v Wheeler (1774) 1 Cowp 143, 153 per Lord Mansfield. To what extent do you think Lord Mansfield’s statement represents English commercial law as of 2015, and to what extent do you think it should?

Question:
‘[i]n all mercantile transactions, the great objective should be certainty’ ~ Vallejo v Wheeler (1774) 1 Cowp 143, 153 per Lord Mansfield. To what extent do you think Lord Mansfield’s statement represents English commercial law as of 2015, and to what extent do you think it should?
Instructions:
It is a commercial law essay, please focus on the following areas which form the main part of our syllabus.
1. Passing of property and risk
2. Nemo Dat rule
3. Implied terms (s.13, s.14, s.15 Sales of Goods Act 1979)
4. Duties and remedies to buyers and sellers. (s.27, s.28, 31, s.35, s.37, s.41, s.44, s.51, s.53, s.54 Sales of Goods Act 1979)