Retention of Title in Contracts of Sale of Goods (Gordon Goldberg, 1 Mar 1999)

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Sender:	Gordon Goldberg
Date:	Mon, 1 Mar 1999 13:47:08
Re:	Retention of Title in Contracts of Sale of Goods

Indian Herbs (UK) Ltd v Hadley and Ottoway Ltd (Court of Appeal, 21 January 1999, Smith Bernal Transcript, Appeal number 98/0996/1) from the summary by Gerard McMeel, for which I thank him, seems to me to be (in effect) an application of equitable set-off, as exemplified and explained in Hanak v. Green [1958] 2 Q.B. 9. If so and with respect, I do not believe it to help in my problem, which assumes there to be no wrong on the part of the seller capable of being set off against the buyer's breach of contract.

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