Abstract
Recently, the Supreme Court of the United Kingdom in The Res Cogitans held that a contract for bunker fuels that allowed for consumption prior to payment and contained a 'reservation of title' clause was not a contract of sale under the Sale of Goods Act. By creating a new category of sui generis supply contracts, the Supreme Court stripped away the various statutory protections associated with sale of goods rules. This decision is expected to have far-reaching consequences for commercial contracts. This article analyses the decision of the Supreme Court in light of these consequences. While the Indian Supreme Court has not had a chance to deal with this issue, the points raised by this article ought to be accounted for if and when this issue comes up for consideration.
Recommended Citation
Bridge, M.G.
(2022)
"Property, Title and Debt in Sale of Goods,"
National Law School of India Review: Vol. 29:
Iss.
1, Article 2.
Available at:
https://repository.nls.ac.in/nlsir/vol29/iss1/2