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5 Cards in this Set
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- Back
- 3rd side (hint)
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Aluminium Industrie v Romalpa
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Reservation of title may extend to cover the proceeds of sale. Court found there was a fiduciary relationship (Bailor/Baliee) so tracing allowed. Subsequently been distinguished almost out of existence (Goode).
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ROT extended to proceeds of sale.
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Clough Mill v Martin
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1)First mention of 'All Monies Clause' This means the seller remains the owner of the goods until ALL outstanding obligations have been met.
2) If Good have been amalgamated and cannot be separated then title cannot be reserved, as part of the product never belonged to the supplier. |
'All Monies Clause' and non-separable goods.
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Armour v Thyssen
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Lord Keith - First explicit statement of the 'all monies clause'
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'all monies'
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Hendy Lennox
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If amalgamation of goods can be reversed without causing damage, then the goods can be recovered under ROT.
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Reversible amalgamation
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Re CK Engineers
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If the good of multiple suppliers have been combined, and then sold, they can recover from the proceeds of sale, provided they are in agreement and split proceeds proportionately according to their input.
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Agreement of parties
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