Retention of Title Clauses: A Key to the Romalpa Maze

Authors: James Mitchell Published date: 15-07-2016 Status: Published

This is a review of the current and on-going controversial scope of retention of title clauses, drawn from a detailed analysis of case law and academic commentary. Provided is a clear summary of the various types of retention of title clauses, the origins of those clauses, and the academic debate that has surrounded each of the clauses. Further, it details the current position of each type of clause, drawing on links between traditional Commercial Law and cases in the Law of Restitution; to draw a conclusion that the retention of title clause is theoretically now certain. Keywords: Romalpa, retention of title clauses, mixed goods clauses, commercial law, proceeds of sale clauses, all monies clauses.

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COPYRIGHT: © The UK Law and Society Association, 2016