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Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000

A hire agreement provided that after the payment of substantial sums over the period of hire, the hirers could exercise an option to purchase the equipment for fifty pounds. They purported to sell the equipment before the end of the lease, but the question arose of whether they could give good title. Held: However likely … Continue reading Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000

Forsythe International (UK) Limited v Silver Shipping Co Limited and Others: 1993

Delivery under section 24 requires a voluntary act by the person in possession because by section 61(1) of the 1979 Act, unless the context or subject matter otherwise requires, `delivery’ means `voluntary transfer from one person to another’. Judges: Clarke J Citations: [1994] 1 WLR 1334, [1993] 2 Lloyds Rep 268, [1994] 1 All ER … Continue reading Forsythe International (UK) Limited v Silver Shipping Co Limited and Others: 1993

Feuer Leather Corporation v Frank Jonstone and Sons: 1981

The court considered the requirements for notice in section 28(1). Neill J said: ‘2. the Court is concerned with actual notice and not with constructive notice.3. In deciding whether a person . . had actual notice: (a) the Court will apply an objective test and look at all the circumstances; (b) if by an objective … Continue reading Feuer Leather Corporation v Frank Jonstone and Sons: 1981

Owners of Cargo On K H Enterprise v Owners of Pioneer Container: PC 29 Mar 1994

Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the goods of another if he has sufficient notice that a person other … Continue reading Owners of Cargo On K H Enterprise v Owners of Pioneer Container: PC 29 Mar 1994

PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016