462 GlossaryRegulationA form of directly applicable EU
secondary legislation.
RegulationsA form of UK delegated legislation.
ReinstatementA remedy for unfair dismissal,
rarely awarded, in which an employer is ordered to
re-employ an unfairly dismissed person on the same
conditions as he or she held before the dismissal.
Rejection (of goods)Refusal to accept goods.
RepresentationA statement which induces the
making of a contract and which is not a term of the
contract.
RepudiationAn indication by a contracting party
that he does not intend to perform the contract.
Resale (right of)A right which can give an unpaid
seller of goods the right to resell the goods to a
second buyer.
Rescission(1) The calling off of future performance
of a contract on account of misrepresentation, duress
or undue influence. (See also avoiding the contract.)
(2) Terminating a contract under ss. 48A – 48F of the
Sale of Goods Act 1979.
Restraint of trade clauseA term of a contract
which tries to prevent a person from working or
carrying on a business. Void unless reasonable.
ResolutionA decision passed by a vote of company
members. See ordinary, special and written
resolutions.
Retention of title clauseA term in a contract which
stipulates that ownership of goods which have been
agreed to be sold will remain with the seller until
the price is paid, even though the buyer may take
possession of the goods.
ReversingIn the same case, an appeal court
changes (reverses) the decision of the lower court so
that the person making the appeal wins in the
appeal court.
Revocation (of an offer)Calling an offer off, so that
it can no longer be accepted.
Right of resaleA right of an unpaid seller to resell
goods to a second buyer after they have already
been sold to the first buyer.
Risk (in sale of goods)Risk passes from the seller
of goods to the buyer, with ownership unless
agreed otherwise. The party with the risk bears
the loss if the goods are lost, stolen, damaged or
destroyed.
RogueDishonest person.ROT clause(1) A retention of title clause. (2) A
restraint of trade clause.
Royal AssentThe final stage in the passing a
statute. At this point a Bill becomes a statute.
Rylands vFletcherA tort of strict liability.
s.An abbreviation for section. So s. 1 SGA 1979
means section 1 of the Sale of Goods Act 1979.
Sample (sale by)A small quantity of goods to be
examined by a buyer on the understanding that the
bulk of the goods, when they are delivered, will
correspond with the sample in quality.
Satisfactory qualityA requirement that goods sold
or supplied in the course of a business meet the
standard that a reasonable person would regard as
satisfactory, taking account of the price, description
and other relevant circumstances.
Search orderAn injunction which allows the
claimant access to premises to make sure that
evidence is not destroyed. (Previously known as an
Anton Pillar order.)
Secured creditorA creditor who has taken some
security for a debt.
SecurityAn asset or property right which can be
sold, in order to take what is owing, if a debt is not
repaid.
Self-employedA person who works for himself
rather than for an employer.
Set offAn amount of money which a claimant owes
to a defendant, and which the defendant uses as a
total or partial defence to a claim by the claimant.
SharesThe interest of a member in a company,
measured by a sum of money.
Show of handsA vote on a company resolution
where each member has one vote, regardless of his
or her shareholding.
Single member companyA company which has
only one member.
SlanderDefamation in a temporary medium, such
as speech.
Sole traderA person who is in business on his own,
not as a company, an LLP or a partnership.
Special resolutionA company resolution which
is passed if 75 per cent of eligible members who
actually vote vote in favour of the resolution.
Specific goodsGoods which are identified and
agreed upon at the time a contract of sale of goods
is made. Contrasted with unascertained goods.Z01_MACI4097_03_SE_GLOSS.QXD 1/31/11 3:01 PM Page 462