Commentary

64 Retention of title—background

BAILMENT vol 3(1)
| Commentary

64 Retention of title—background

| Commentary

G: RETENTION OF TITLE

64 Retention of title—background

It is common for sellers to insert into their contracts a provision which delays the passing of property to the buyer until the price of the goods has been paid1. Such a clause, if properly incorporated2, will make the buyer a mere bailee of the goods between their delivery to him and his payment and the consequent passing of property to him, because he is in possession of goods which belong to another (the seller)3. It will also render the agreement a conditional sale, the relevant

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