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Words: | Submitted: Mon Jun 19 2006
... of either specific goods or goods that are subsequently appropriated to the contract, the property in the goods1 will not pass to the buyer until certain conditions imposed by the seller are fulfilled. Usually the common condition that must be fulfilled it that of full payment and it is only then that property will pass. In this case scenario it seems fairly ambiguous as to what conditions must be fulfilled. It seems the storing of the widgets S Co supplies separately from other sources B Co owns, acts as the only condition, as no mention of full payment has been made, but there is however an assumption on the basis that B co is purchasing the widgets on credit and they may not make full payment due to their weak financial position. The starting point with regard to 'retention of title' clauses is the case of Romalpa.2 It is a case that ...
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