Commentary

66.1 Romalpa upheld

BAILMENT vol 3(1)
| Commentary

66.1 Romalpa upheld

| Commentary

66 Retention of title over unaltered goods

66.1 Romalpa upheld

The decision in Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd1 was not without its weak points. The buyers had conceded that they held the goods as bailees and the court’s treatment of the proceeds perhaps assumed too readily that the buyers occupied a fiduciary position. Nevertheless, that aspect of the case which dealt with the unworked aluminium has been regularly upheld, and was approved by the Court of Appeal in Clough Mill Ltd v Martin2. It now seems clear that a properly drafted clause will enable

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