Book contents
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of cases cited by name
- Table of legislation
- Part I Introduction and context
- Part II The case studies
- List of abbreviations
- Bibliographies
- Glossary
- Case 1 Furniture for a new office
- Case 2 The deceived seller
- Case 3 Machinery supplied to be used by the buyer
- Case 4 Jackets for resale
- Case 5 Motor cars supplied and resold (I)
- Case 6 Motor cars supplied and resold (II)
- Case 7 Supply of material to manufacturer (I)
- Case 8 Supply of material to manufacturer (II)
- Case 9 Too many toasters
- Case 10 Bank loan on the basis of a car fleet
- Case 11 Bank loan for a wholesaler
- Case 12 Bank loan on the basis of money claims (I)
- Case 13 Bank loan on the basis of money claims (II)
- Case 14 Finance leasing of computers
- Case 15 Indebted businessman sells business to brother
- Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation
- Index by country
- Index by subject
Case 3 - Machinery supplied to be used by the buyer
Published online by Cambridge University Press: 23 December 2009
- Frontmatter
- Contents
- General editors' preface
- Preface
- List of contributors
- Table of cases cited by name
- Table of legislation
- Part I Introduction and context
- Part II The case studies
- List of abbreviations
- Bibliographies
- Glossary
- Case 1 Furniture for a new office
- Case 2 The deceived seller
- Case 3 Machinery supplied to be used by the buyer
- Case 4 Jackets for resale
- Case 5 Motor cars supplied and resold (I)
- Case 6 Motor cars supplied and resold (II)
- Case 7 Supply of material to manufacturer (I)
- Case 8 Supply of material to manufacturer (II)
- Case 9 Too many toasters
- Case 10 Bank loan on the basis of a car fleet
- Case 11 Bank loan for a wholesaler
- Case 12 Bank loan on the basis of money claims (I)
- Case 13 Bank loan on the basis of money claims (II)
- Case 14 Finance leasing of computers
- Case 15 Indebted businessman sells business to brother
- Evaluation: a common core? Convergences, subsisting differences and possible ways for harmonisation
- Index by country
- Index by subject
Summary
(Simple retention of title)
A sells a machine to B. The contract contains the following clause: ‘Title to the machine is reserved until the seller has received full payment.’ Before the price has been paid, C, who is an unsecured creditor of B, executes against the machine. In the alternative, B goes bankrupt. In either case, the machine is on B's premises.
Questions
(a) What is A's legal position?
(b) Is the clause stated above sufficient to be effective? Is there a more suitable or common wording?
(c) Do the parties have to agree on the insertion of a retention of title clause? Or could the seller stipulate one unilaterally?
(d) Is the point in time at which the parties agree that title should be reserved relevant?
(e) Do A's rights in respect of the machine depend on anything other than the inclusion of a reservation of title clause in the agreement: for example, compliance with certain formalities (e.g. agreement in writing, agreement having a ‘certain date’) or registration? Are such clauses efficacious if they are simply contained in the seller's general conditions of sale?
- Type
- Chapter
- Information
- Security Rights in Movable Property in European Private Law , pp. 246 - 286Publisher: Cambridge University PressPrint publication year: 2004