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    Title Ownership in Goods

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    Harish Neelakantan
    The document discusses ownership of goods when payment has not been received. It describes a scenario where a supplier delivers goods to a contractor, who is then paid by the client but does not pay the supplier before going into liquidation. The supplier wants to either be paid or have the goods returned. There is a dispute because the supplier has a retention of title clause keeping ownership until payment, while the client has a vesting certificate stating ownership transferred to them. The supplier would need to make a claim through the insolvency practitioner handling the contractor's insolvency case or take the matter to litigation.

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    Title Ownership in Goods

    Uploaded by

    Harish Neelakantan
    29 views6 pages
    The document discusses ownership of goods when payment has not been received. It describes a scenario where a supplier delivers goods to a contractor, who is then paid by the client but does not pay the supplier before going into liquidation. The supplier wants to either be paid or have the goods returned. There is a dispute because the supplier has a retention of title clause keeping ownership until payment, while the client has a vesting certificate stating ownership transferred to them. The supplier would need to make a claim through the insolvency practitioner handling the contractor's insolvency case or take the matter to litigation.

    Original Description:

    Disputes regarding ownership

    Original Title

    Title ownership in goods

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    © Attribution Non-Commercial (BY-NC)

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    The document discusses ownership of goods when payment has not been received. It describes a scenario where a supplier delivers goods to a contractor, who is then paid by the client but does not pay the supplier before going into liquidation. The supplier wants to either be paid or have the goods returned. There is a dispute because the supplier has a retention of title clause keeping ownership until payment, while the client has a vesting certificate stating ownership transferred to them. The supplier would need to make a claim through the insolvency practitioner handling the contractor's insolvency case or take the matter to litigation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    29 views6 pages

    Title Ownership in Goods

    Uploaded by

    Harish Neelakantan
    The document discusses ownership of goods when payment has not been received. It describes a scenario where a supplier delivers goods to a contractor, who is then paid by the client but does not pay the supplier before going into liquidation. The supplier wants to either be paid or have the goods returned. There is a dispute because the supplier has a retention of title clause keeping ownership until payment, while the client has a vesting certificate stating ownership transferred to them. The supplier would need to make a claim through the insolvency practitioner handling the contractor's insolvency case or take the matter to litigation.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 6

    Title (ownership) in goods..

    Who has title when goods are delivered but not paid for.

    Scenario.
    Client Contractor Supplier

    (2) Client pays the Contractor for the goods.

    (1) Delivers goods to Contractor

    (3) Contractor goes into liquidation and doesnt pay supplier.

    The Supplier either wants paying. OR/ wants the goods returned.

    Two sides to the dispute:


    Supplier
    We have a Retention of Title clause.

    Client.
    We have a Vesting certificate.

    Definition of terms:
    Retention of Title (ROT) clause: a term in a contract which says that the supplier retains ownership in goods until paid for them. Vesting certificate: a statement to say that ownership vests in the Client.

    In our scenario above the supplier would have to make a claim against the Insolvency Practitioner dealing with the insolvency of the Contractor. Otherwise, because it is a legal point, the matter would be referred to litigation rather than arbitration.

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