Bunkers in wonderland: A tale of how the growth of Romalpa Clauses shrank the English Law of Sales

Publication Type

Journal Article

Publication Date

5-2018

Abstract

Discusses the history of the treatment of retention of title (ROT) or Romalpa clauses under the English law of sales prior to PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (SC) (The Res Cogitans), finding that a contract for the supply of fuel bunkers, which contained a ROT clause and permitted the shipowner to consume the bunkers during the credit period, was not a contract of sale within the meaning of the Sale of Goods Act 1979 s.2(1).

Keywords

Action for price, Bailment, Bunkers, Contracts of sale, Legal history, Retention of title

Discipline

Commercial Law

Research Areas

Corporate, Finance and Securities Law

Publication

Journal of Business Law

Issue

3

First Page

229

Last Page

254

ISSN

0021-9460

Publisher

Sweet and Maxwell

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