Where goods were subject to a financing arrangement involving a sale and leaseback with a finance company, the goods were to be treated as constructively delivered to the finance company on the sale. Delivery required a voluntary act by the person in actual possession, but that could be satisfied by an acknowledgement of the rights of the purchaser. Such assumptions are in accordance with modern sensible commercial practice. The mere request for an invoice was not of itself sufficient to establish that a contract was in place where delivery might be expected to take place only on payment.
Citations:
Times 12-Sep-2000, Gazette 14-Sep-2000, [2000] EWCA Civ 250, [2000] EWCA Civ 251, [2001] QB 514 CA
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Distinguished – Marcq v Christie, Manson and Woods Ltd CA 23-May-2003
The claimant’s stolen painting was put up for sale by the defendant. On being withdrawn, they returned it to the person who had brought it in. The claimant sought damages.
Held: There was no reported case in which a court has had to consider . .
Cited – Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others HL 2-Dec-2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge.
Held: The appeal was allowed. The . .
Lists of cited by and citing cases may be incomplete.
Contract, Financial Services, Agency
Updated: 31 May 2022; Ref: scu.147283
