News & Analysis as of

Sale of Goods Act (SOGA)

Business Contracts and Material Breach

by Revision Legal on

In general, a breach of contract is any failure to perform what you agreed to do. Examples would be: Failure to deliver the goods promise, Failure to deliver the goods in a timely fashion, Failure to pay, etc...more

Study highlights prevalence of counterfeit and fraudulent goods online

by Thompson Coburn LLP on

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story,...more

Tax Law Changes in Saudi Arabia

by Jones Day on

On June 11, 2017, the Saudi Arabian Excise Tax Law ("Excise Tax Law"), as enacted by Royal Decree No. M/86 and dated 27/8/1438 H / May 23, 2017, came into force in Saudi Arabia. The new law implements the GCC Unified...more

EU-U.S. Agreement for Mutual Recognition of GMP Inspections Entered Into Force

by Jones Day on

On March 4, 2017, the "Decision No 1/2017 of March 1, 2017, of the Joint Committee established under Article 14 of the Agreement on Mutual Recognition between the European Community and the United States of America, amending...more

New Attorney General Opinion Removes Uncertainty for Alabama Retailers

State and Local Tax Alert: Alabama Edition - The Alabama Attorney General issued an opinion regarding the manner in which sellers located within the state are required to pay local sales tax on deliveries made to Alabama...more

CentsAbility: Creditors' Rights Law Update - South Carolina Court of Appeals applies Uniform Commercial Code Six-Year Statute of...

by Nexsen Pruet, PLLC on

This summer, the South Carolina Court of Appeals decided the appeal of Coastal Federal Credit Union v. Brown. The Court had to determine which statute of limitations applied to the credit union’s action to collect a...more

A supply of software can be a sale of goods

by Reed Smith on

The High Court held, in The Software Incubator v Computer Associates [2016] EWHC 1587 (QB), that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations...more

Commodities contracts and the impact of the OW Bunkers case

by Reed Smith on

As we reported in an earlier Client Alert, the UK Supreme Court recently handed down its highly anticipated judgment in the Res Cogitans case. The Supreme Court was unanimous in finding that a contract to supply bunkers to...more

Blog: Commercial Court Considers Extension Of Time To Challenge Arbitral Award

by Cooley LLP on

In S v (1) A (2) B [2016] EWHC 846 (Comm), Mr Justice Eder refused to grant an extension of time under the Arbitration Act 1996 (the “Act”) s.80(5) to challenge an arbitral award, following the applicant’s 74-day delay in...more

Res Cogitans - A Class of Its Own

by Reed Smith on

Bunker Supply Contracts, Retention of Title Clauses, The Sale Of Goods Act 1979 and One Highly Publicised Insolvency Combine to Give Vessel Owners a Global Headache - The Supreme Court’s ruling in this already...more

Long-term supply (and off-take) agreements: some recent themes

by Reed Smith on

This Client Alert seeks to highlight certain recurring issues and themes arising in the context of long-term commodity supply and off-take agreements. It draws upon the recent collective experience of our lawyers as well as...more

Shipbuilding Contracts – Limitation Periods and Sale of Goods Act

by Reed Smith on

In Neon Shipping Inc. v. Foreign Economic 7 Technical Corporation Co. of China and another [2016] EWHC 399 (Comm) the Commercial Court dealt with an appeal from London arbitrators in a dispute arising out of a shipbuilding...more

Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws

The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union...more

The U.N. Convention on Contracts for the International Sale of Goods Trumps the UCC

VLM Food Trading International, Inc. (“VLM”), a Montreal-based supplier of foods, sold frozen potatoes from time to time to Illinois Trading Company (“IT”), a United States company located in Illinois. After nine successful...more

Court of Appeal finds that ship owner “got what it agreed to pay for”

by Reed Smith on

(1) PST Energy 7 Shipping LLC and (2) Product Shipping & Trading S.A. v. (1) O.W. Bunker Malta Ltd and (2) ING Bank N.V. [2015] EWCA Civ 1058. In a decision which has wide reaching implications for ship owners, the Court...more

Stuck in the Bunker – OW and Retention of Title

by Reed Smith on

The fallout from the OW Bunker bankruptcy in November last year continues with a number of claims being heard in the English courts. Last month the owners of the vessel “Res Cogitans” appealed to the Court of Appeal against...more

The UK Modern Slavery Act 2015 (“the Act”) enters into force today. If you are a supplier of goods or services with a turnover of...

by Dechert LLP on

Annual Statements - The Act requires commercial organisations to publish an annual slavery and human trafficking statement. This must set out the steps that the organisation has taken in that financial year to ensure...more

When is a "contract for the sale of goods" not a contract of sale of goods?

by Reed Smith on

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will be of interest to...more

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