Retention of title
Brewer, Geoff
Retention of title - 2006 - Contract Journal 436(6604) 6 December 2006, 24(1) .
Examines clauses in contracts of sale that provide for retention of title until full payment is made, with reference to the Sale of Goods Act 1979 s2(1) and relevant case law. In particular, discusses the issues surrounding protection clauses and rule operation in "Aluminium Industrie Vaasen BV v Romalpa Aluminium" (CA, [1976] 1 WLR 676) and "Clough Mill v Martin" (CA, [1985] 1 WLR 111). Concludes that subject to a number of complexities, a clause providing that the property in goods shall not pass until payment of the price is made will generally be effective.
SALE OF GOODS ACT 1979 S2(1)
ROWLAND V DIVALL
ALUMINIUM INDUSTRIE VAASSEN BV V ROMALPA ALUMINIUM LTD
CLOUGH MILL V MARTIN
BORDEN (UK) V SCOTTISH TIMBER PRODUCTS LTD
HENDY LENNOX (INDUSTRIAL ENGINES) LTD V GRAHAME PUTTICK LTD
RE BOND WORTH LTD
England and Wales--1543-
Retention of title - 2006 - Contract Journal 436(6604) 6 December 2006, 24(1) .
Examines clauses in contracts of sale that provide for retention of title until full payment is made, with reference to the Sale of Goods Act 1979 s2(1) and relevant case law. In particular, discusses the issues surrounding protection clauses and rule operation in "Aluminium Industrie Vaasen BV v Romalpa Aluminium" (CA, [1976] 1 WLR 676) and "Clough Mill v Martin" (CA, [1985] 1 WLR 111). Concludes that subject to a number of complexities, a clause providing that the property in goods shall not pass until payment of the price is made will generally be effective.
SALE OF GOODS ACT 1979 S2(1)
ROWLAND V DIVALL
ALUMINIUM INDUSTRIE VAASSEN BV V ROMALPA ALUMINIUM LTD
CLOUGH MILL V MARTIN
BORDEN (UK) V SCOTTISH TIMBER PRODUCTS LTD
HENDY LENNOX (INDUSTRIAL ENGINES) LTD V GRAHAME PUTTICK LTD
RE BOND WORTH LTD
England and Wales--1543-