A simple retention of title clause was argued to have the effect of preserving title, despite the sale to an ultimate customer. The plaintiff had sold a car to a garage who in turn, it thought was leasing it to the defendant. The defendant was in fact purchasing it. The plaintiff delivered it direct to the defendant. On the failure of the garage to pay, it sought recovery of the car from the defendant.
Held: The claim failed. Where goods were delivered directly by the seller to the sub-purchaser, the purchaser was deemed to take constructive delivery of goods and the seller was deemed to act as the buyer’s agent when making delivery to the sub-purchaser.
Judges:
Simon Brown J
Citations:
[1985] 3 All ER 12
Cited by:
Cited – Sandhu (T/A Isher Fashions UK) v Jet Star Retail Ltd and Others CA 19-Apr-2011
The claimant had supplied clothing to the defendant under a contract containing a retention of title clause. The defendant fell into financial difficulties and administration. The claimant now sought damages for conversion of its goods by the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 15 May 2022; Ref: scu.434836