Restitution Discussion Group Archives
| Sender: |
Andrew Tettenborn |
| Date: |
Mon, 22 Feb 1999 15:40:31 |
| Re: |
Retention of Title in Contracts of Sale of Goods |
This is a problem
that's arisen before, albeit in a slightly different context. In the notorious
case of Chinery v Viall (1860) 5 H & N 288 A sells goods to B, causing property
to pass to B even tho' B has neither taken delivery of the goods nor paid
for them. A then sells & delivers the same goods to C, passing title to
C. B sues A for conversion, claiming the full value of the goods and declining
to give any credit for the price he hasn't paid (and now won't have to pay
since A can't come up with the goods). This is nice work if you can get
it: but how do you stop B in his tracks? The court then hummed and hahed
before saying "Oh well, there must be an anomalous exception to the general
rule of conversion damages". No doubt these days it would do things differently.
AT
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