Sidor som bilder
PDF
ePub

INTRODUCTORY NOTE.

SINCE the Sale of Goods Act became law two excellent works have appeared explaining its provisions—one by Judge Chalmers of Birmingham, the draftsman of the measure; the other, a more extended work, by Messrs. Ker and Pearson - Gee. These set forth the law of sale in England as codified with only trifling alterations in the Act; but neither of them professes to deal, except incidentally, with the law of Scotland, or makes any attempt to explain the important and almost revolutionary changes made by the Act upon the principles and practice of the Scottish law of sale. As I had the honour, while the bill was passing through Parliament, to be associated to some extent with the learned draftsman in an endeavour to adapt the measure to Scottish requirements, I have since felt it my duty to follow up these efforts by an explanation of the bearing of the Act upon Scottish law.

Another reason for the present publication is, that apart from statutory change, there seemed a distinct call for a modern treatise on the subject of sale in Scotland. The only Scottish work on sale was that of Mr. M. P. Brown, published in 1821, which, notwithstanding its general excellence, necessarily failed to throw light on many important and intricate questions. It can scarcely be claimed for the little work of Professor Bell, published posthumously

in 1844, that it added anything of importance to the
Scottish aspect of the law of sale, or that it now adequately
represents the law either of Scotland or England.

Instead of summarising here the changes made by the
Act upon the law of Scotland, or the differences still-
existing between the law of sale in England and Scotland,
I have noted these changes and differences under separate
headings in the General Index.

The English law of sale has been enriched by the
treatises of Lord Blackburn and Mr. Benjamin, both of
which have been freely used in the preparation of this
work. The citations from Blackburn refer to the second
edition, and those from Benjamin to the fourth edition.

RICHARD BROWN.

138 WEST GEORGE STREET,
GLASGOW, June 1895.

[blocks in formation]
« FöregåendeFortsätt »