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A History of American Law$
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Lawrence M. Friedman

Print publication date: 2019

Print ISBN-13: 9780190070885

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780190070885.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 October 2021

The Law of Commerce and Trade

The Law of Commerce and Trade

Chapter:
(p.241) 6 The Law of Commerce and Trade
Source:
A History of American Law
Author(s):

Lawrence M. Friedman

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190070885.003.0007

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.

Keywords:   commercial law, trade law, sale of goods, bankruptcy, insolvency, contract

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