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Authors

M.G. Bridge

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.

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