I- INTRODUCTION Over the years, the commercial law regulating sale of goods and, subsequently, transfer of property had significantly evolved. Indeed, a topical subject brought before judicial courts have been the validity of retention of title clause (ROT), which namely gives the right to the seller to retain title in the property of unpaid goods that had physically passed to the buyer . This latest clause has been legitimate in Aluminium Industrie Vaassen B.V v Romalpa Aluminium , where a supplier was able to recover, before debtors, unpaid goods from an insolvent receiver because there was a contractual provision reserving its ownership until he was fully paid. Concretely, this decision was an enormous gain for the seller’s position because it validated the right to claim payment over those goods before every other interested parties when it is provided in a contract. However, some more complexes cases had forced the courts to specify conditions when ROT clauses will be applicable to the facts. Thus, in the light of the recent case named Glencore International AG v Metro Trading International Inc, the following essay will outline when the seller’s ROT clause will be effective regarding stored, mixed and, finally, manufactured goods by the buyer . II- ROT CLAUSE IN COMPLEXE CASES The transfer of property in a contract for the sale of goods is determined by the intention of the parties . Thus, a ROT clause has to be incorporated into the terms and conditions of…
Katarzyna Zdrojewska, FLN5_IB, index no. gd22943 1 Glencore plc is an Anglo–Swiss multinational company. It was established in 1975 under the name of Marc Rich & Co. in Switzerland. In 1994 company has been rebranded into Glencore. In 2012 Glencore acquired Xstrata, a large british company, thereby making the biggest takeover that took place in mining industry. Less than two years after the merger Glencore have announced that the Xstrata brand will be phased out. Currently the company is…
Clinton pardoned Glencore’s founder crimes (TV) It is possible that in the next weeks two of the largest mining companies in Colombia merge: Glencore y Xstrata. If they merge, they would take advantage of coal not only in a third of the Cerrejon mine, but also in La Jagua de Ibirico and Calenturitas in Cesar, Colombia Marc Rich and Co. founder, corporation that later became Glencore, Marc Rich, was in the Ten Most Wanted listed of the FBI. In 1984 Rudolf Giuliani, ex New York mayor, who then was…
China has one of the major foreign reserves in the world and has financed in the Australian mining companies to service meet the needs of their increasing economy. The latest trends show that Australian exports are expanding beyond the resources sector. China is the trading partner of Australia, mainly due to strong Chinese plea for the iron ore, the coal, and the liquefied natural gas. Exports to the China has helped the Australia to escape the wickedest effects of the global economic…
The Medupi Power Station History, Developments and Strategy Growth. Background The Medupi power station construction was a joint venture carried out in aims of fulfilling the power shortfall in South Africa. There was a great demand for Electrical Supply through out South Africa which translated in wide spread regular nationwide power cuts. Load shedding was regularly scheduled, where electricity supply was stopped for non-overlapping periods causing nationwide blackouts. Businesses were asked…
fold. In early 2008, TCL successfully completed the acquisition of US-based General Chemical (now Tata Chemicals North America) Industrial Products (GCIP), thereby gaining access to some of the world’s largest recoverable trona ore deposits which can be very economically converted to soda ash at GCIP’s plant in Green River, Wyoming. The acquisition of GCIP increased TCL’s soda ash capacity to around 5 million tonnes per annum. Moreover, about 60% of this capacity is based on natural soda ash…
days went by, I had been researching more about Glencore to make sure i had made the right decision only to find out that Glencore has reported a deep first-half loss and trimmed its budget for capital expenditure for the rest of the year, blaming the sharp downturn in commodities prices. The group lost $676 million in the first half of 2015. It has also reduced its capex budget for 2015 to $6 billion, from a previous range of $6.5 billion to $6.8 billion. Glencore 's shares have been the…
Not only are employees susceptible to internal heath problems, but muscular damage additionally. An employee from ‘Xstrata Coal’ has spoken about the main safety concerns during activity, "The primary safety issues were manual handling of heavy loads, the risk of strain and sprain, working at heights, and working with suspended loads" (Australian Mining, 2012, np). ‘Safe Work Australia’ encompasses a four-step plan to managing health and safety risks in the workplace. A plan such as this would…