Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Tue, 16 Feb 1999 16:28:34 |
| Re: |
Retention of Title in Contracts of Sale of Goods |
Please may I have the citation of any case (decided
in a Commonwealth jurisdiction under the Sale of Goods Act 1893 [U.K.],
or its local equivalent current at the time of the decision, or at common
law, or in equity) on a buyer's claim to recover money paid on account
of the price of goods which, pursuant to a "Romalpa clause", had themselves
been recovered by the seller after their delivery to the buyer. The closest thing I can think of are the comments of Goff LJ (AHTW) in
Clough Mill Ltd. v. Martin [1985] 1 WLR 111 at 117A-118E, suggesting that
in such a case there is a claim in unjust enrichment based on failure
of consideration, even though the plaintiff/buyer was the one who breached
the contract. & see Donaldson MR at 125H-126B, trying to do the same thing
by interpretation of the contract, which however is difficult if the breach
was one which allowed termination by the seller.
Lionel
<== Previous message Back to index Next message ==>
»
»
»
»
| For
editorial policy, see here. For the unedited archive, see here. The archive editor is Steve Hedley. |
