Commentary

58.2 Principle of retention of title

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

58.2 Principle of retention of title

| Commentary

58.2 Principle of retention of title

The question of retention of title has been the subject of much discussion1. The limits on the efficacy of such provisions may need to be carefully explained to the seller, proceeding from basic principles.

What is retention of title and what is its significance? It is the right of the seller to retain ownership of the goods sold until payment, even though it has parted with possession of the goods to the buyer. It is vital to bear in mind that, as a general rule, where a contract for the sale of goods has been

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