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Wildy’s Book News

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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Retention of Title: How to Keep Ownership of your Goods

ISBN13: 9781854187031
Published: May 2010
Publisher: Thorogood Publishing Ltd
Country of Publication: UK
Format: Paperback, A4
Price: £145.00

Low stock.

How to keep ownership of your goods and recover them when a buyer goes under? There is a popular myth that buyers do not own goods until the buyer has paid.

This is legally wrong. Instead title passes on delivery, unless a clause has been agreed in a contract between the parties that title passes on payment. This briefing looks at how to protect your business to ensure when a customer goes out of business you can recover your goods rather than being left as an unsecured creditor, who usually receives nothing.

The law is complicated and badly drafted clauses often fail. Sometimes they are classed as a mortgage or charge and are void because they were not registered at Companies House. At other times the contract clause was never sent to the other party or not properly incorporated into the contract between the parties.

This briefing shows you how to draft such clauses to your commercial advantage, how to recover goods if a buyer goes out of business without paying and conveys the practical steps you need to take to improve your legal position. It also shows you how to protect yourself against future insolvency of a customer.