The seller's liability for sale of faulty goods in Scots law

McClelland, Paul (2015) The seller's liability for sale of faulty goods in Scots law. LL.M(R) thesis, University of Glasgow.

Abstract

Through detailed review of the primary sources, this thesis provides a thematic and historical picture of the law of the seller’s liability for the sale of faulty goods, and attempts to describe the boundaries and developments of the legal tools available to the aggrieved purchaser.

The thesis begins with an outline of the various routes to liability in classical and Justinianic Roman law, and goes on to show how these forms of liability were understood by early Scots law. It then divides discussion of the Scots law into four principal periods, beginning with the law described by Stair and ending with the modern system of concomitant liability under the Sale of Goods Act 1979 as amended and for error induced by misrepresentation.

It is concluded that liability for sale of faulty goods has existed in various forms throughout the modern era of Scots law: firstly, in fraud, or presumed fraud; then in the terms of the contract; then in statute or in error after the recognition of a doctrine of innocent misrepresentation. It is argued that error was not in Scots law a historically relevant means of redress in sales of faulty goods.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: Legal History, Sale of Goods, Roman Law, Stair, Bell, Hume, Erskine, Misrepresentation, Error, Warranty, Culpa lata
• Subjects: K Law > K Law (General); K Law > KD England and Wales > KDC Scotland
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Godfrey, Professor A.M. and Reid, Dr. D.
• Date of Award: 2015
• Depositing User: Mr Paul McClelland
• Unique ID: glathesis:2015-6503
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 29 Jun 2015 14:27
• Last Modified: 14 Jul 2015 07:17
• URI: https://theses.gla.ac.uk/id/eprint/6503