Abstract
Title retention clause was introduced in sale of goods contracts to prevent the transfer of ownership till the seller was fully paid. Exigencies of businesses have led to introduction of further clauses allowing the buyer to use or sub-sell the goods even before the transfer of ownership. The conflicting provisions as the judgement of the United Kingdom Supreme Court in PST Energy 7 Shipping v.O.W. Bunkjer Malta Limited brings out, changes the very character of the contract. The contract fails to be a contract of sale of goods depriving the parties of the valuable rights.
Additional Information
| Product Type | Case |
|---|---|
| Reference No. | BP0429 |
| Title | Ownership Retention Terms in Sale Contracts Gone Astray: PST Energy 7 Shipping v.O.w. Bunker Malta Limited |
| Pages | 11 |
| Published on | Feb 21, 2019 |
| Year of Event | 2016 |
| Authors | Pathak, Akhileshwar; |
| Area | Strategy (STR) |
| Discipline | Public Policy and Law |
| Learning Objective | Transfer of ownership in a sale contract Strcuture and benefits of title retention clauses Disadvantage of title retention clauses |
| Keywords | Sale Contracts; Transfer of Ownership; Contract Terms; Title Retention Clause |
| Country | United Kingdom |
| Access | For All |
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