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152:, and the extent to which the vendor of raw material can seek to assert title to good into which those raw materials are subsequently worked. The court held that when the relevant raw material was worked into another product it ceased to exist as a separate type of property, and accordingly it was no longer possible for a seller to retain title to it.
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The lesson to be learned from these conclusions is a simple one. If the seller of goods to a manufacturer, who knows that his goods are to be used in the manufacturing process before they are paid for wishes to reserve to himself an effective security for the payment of the price, he cannot rely on
172:. The company could store approximately two days' worth of resin on their premises. As part of the manufacturing process, the resin was mixed with hardeners and wax emulsion. This process created what was referred to as "glue mix" and was irreversible.
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gave short concurring judgments. They added in their judgment that acquiring title in the worked product would generally result in the interest being treated as an equitable charge, which would be void if not properly registered under the
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He held that the process of working the resin destroyed that product, and the title of any person which was vested in it. Accordingly, the title which was retained under the agreement was extinguished. He went on to elaborate:
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a simple reservation of title clause such as that relied upon by the plaintiffs. If he wishes to acquire rights over the finished product, he can only do so by express contractual stipulation.
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There was actually an issue between the parties as to whether the clause formed part of the contract. The judge at trial held that it did, and there was no appeal against that finding.
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183:. Borden sought declarations from the court that they could trace their title to the resin under the retention of title clauses into the glue mix and the worked products.
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466:. Ius Commune Casebooks for the common law of Europe. Archived from
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1 WLR 676 in relation to retention of title, and the decision in
464:"BORDEN (U.K.) LTD. v SCOTTISH TIMBER PRODUCTS LTD. AND ANOTHER"
168:. The resin was sold on credit terms. Those terms included a
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365:
Aluminium
Industrie Vaassen BV v Romalpa Aluminium Ltd
415:The case is still accepted as authoritative today.
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362:He considered carefully the earlier decision of
355:The main decision of the court was delivered by
160:Borden (UK) Ltd were manufacturers of chipboard
374:(1880) 13 Ch D 696 in relation to the right to
49:Borden (UK) Ltd v Scottish Timber Products Ltd
255:Borden (UK) Ltd v Scottish Timber Products Ltd
141:Borden (UK) Ltd v Scottish Timber Products Ltd
21:Borden (UK) Ltd v Scottish Timber Products Ltd
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175:On 16 September 1977 the company went into
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230:Aluminium BV v Romalpa Aluminium Ltd
146:Court of Appeal of England and Wales
144:Ch 25 is a judicial decision of the
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268:Indian Oil v Greenstone Shipping
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527:1981 in United Kingdom case law
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292:Barclays Ltd v Quistclose Ltd
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181:insolvent liquidation
318:Re Curtain Dream plc
371:Re Hallett's Estate
405:Companies Act 2006
401:Companies Act 1948
470:on 16 August 2017
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346:UK insolvency law
342:Security interest
242:Re Bond Worth Ltd
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87:2 Lloyd's Rep 168
74:(1979) 123 SJ 688
72:1 Lloyd's Rep 160
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472:. Retrieved
468:the original
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442:. page 791.
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396:Templeman LJ
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177:receivership
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148:relating to
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105:Templeman LJ
79:Case history
70:3 All ER 961
58:10 July 1979
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516:Categories
449:0521674662
392:Buckley LJ
101:Buckley LJ
474:16 August
419:Footnotes
411:Authority
403:(now the
357:Bridge LJ
309:1 WLR 279
271:3 WLR 869
233:1 WLR 676
166:chipboard
109:Bridge LJ
68:3 WLR 672
63:Citations
333:BCLC 148
321:BCLC 925
187:Decision
115:Keywords
129:tracing
55:Decided
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296:UKHL 4
283:Ch 131
245:Ch 228
376:trace
259:Ch 25
162:resin
156:Facts
66:Ch 25
35:Court
476:2017
444:ISBN
394:and
344:and
340:see
407:).
518::
426:^
378:.
359:.
478:.
452:.
214:e
207:t
200:v
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