| Commentary

58.1 Background

| Commentary

58: RETENTION OF TITLE

(For retention of title clauses see Form 58.1 [418] onwards.)

58.1 Background

Under a retention of title clause, a seller of goods seeks to retain ownership of the goods, even after they have been delivered to the buyer, until he has received payment for them. A retention of title clause usually varies the general rule found in the Sale of Goods Act 1979 Section 18, Rule 1. Under this rule, ownership of the goods passes to the buyer when the contract is made, irrespective of whether the goods have been paid for or delivered, provided that

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