Commentary

66.4 Unaltered state

BAILMENT vol 3(1)
| Commentary

66.4 Unaltered state

| Commentary

66.4 Unaltered state

The goods must remain in the same or a substantially similar state as that in which they were delivered to the buyer1. In Hendy Lennox (Industrial Engines) Ltd v Grahame Puttick Ltd2 diesel engines supplied by the sellers on title retention terms were incorporated by the buyers into generator sets. Each set would have taken a few hours to dismantle, after which the diesel engine would almost be in its original condition. Staughton J held that the title retention clause retained its validity during this incorporation3.

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