Chapter 11 Further reading

• John N Adams, ‘Sale or Return Contracts: Shedding a Little Light’ (1998) 61 MLR 432. Discusses the effect of s 18, rule 4 in the passing of property in relation to sale or return contracts.

• G Battersby and A Preston, ‘The Concepts of “Property”, “Title” and “Owner” used in the Sale of Goods Act 1893’ (1972) 35 MLR 268. Considers the meaning of the words ‘property’, ‘title’, and ‘owner’ as they apply to contracts of sale.

• James Crinion, ‘All that Glitters. Re Wait , Section 16 and the Peril for the Pre-paying Buyer ’ (2005) 12 Commercial Law Practitioner 101. Examines the rule in s 16 of the SGA 1979 which provides that the purchaser of unascertained goods has no proprietary rights to the goods until they are ascertained.

• Iwan Davies, ‘ Continuing Dilemmas with Passing of Property in Part of a Bulk ’ [1991] JBL 111. Discusses the Law Commission’s Working Paper No 112 ‘Rights to goods in bulk’ and the Court of Appeal’s ruling in Re Wait.

• Louise Gullifer, ‘Sales on Retention of Title terms: is the English law analysis broken?’ (2017) 133 LQR 244 Examines the history of the Bunkers litigation and how the final decision delivered by the Supreme Court has created uncertainty around the use of retention of title clauses. Suggests that a reanalysis of the legal position is now needed and sets out some suggested options (some quite radical) for that reanalysis.

• Andrew Hicks, ‘ Romalpa is Dead ’ ( 1992 ) 13 Co Law 217 Discusses the entitlement of sellers to claim the proceeds of sale and asks whether the effects of Romalpa are dead in this regard.

• Andrew Hicks, ‘When Goods Sold Become a New Species ’ [1993] JBL 485. Discusses the problems with retention of title clauses in cases where the buyer uses the contract goods in the manufacture of finished goods.

• Hock Lai Ho , ‘ Some Reflections on “Property” and “Title” in the Sale of Goods Act ’ (1997) 56 CLJ 571. Discusses the uses and meanings of the distinct but related concepts of ownership, property, and title.

• Kelvin Low and Kelry Loi, ‘Bunkers in wonderland: a tale of how the growth of Romalpa clauses shrank the English law of sales’ (2018) 3 JBL 22 Discusses the decisions and implications in PST Energy 7 Shipping LLC v OW Bunker Malta.

• Nikki McKay, ‘The Passing of Risk and s 20A Sale of Goods Act 1979 ’ (2010) 15 Cov LJ 17. Considers the impact of s 20A SGA on the passing of risk.

• Ewan McKendrick, ‘Retention of Title Clauses and Claims for the Price’ (2014) Aug/Sep Build LM 1 Discusses the Court of Appeal decision in FG Wilson (Engineering) Ltd v John Holt & Co (Liverpool) Ltd.

• Len S Sealy, ‘Risk in the Law of Sale ’ ( 1972 ) 31 CLJ 225. Analyses the concept of the passing of risk in sale of goods transactions.

• Andrew Tettenborn, ‘Of Bunkers and Retention of Title: When is a Sale Not a Sale?’ [2016] LMCLQ 24 Discusses the Bunkers case and its implications.

• Duncan Webb, ‘Title and Transformation: Who Owns Manufactured Goods? ’ [2000] JBL 513. Discusses the historical doctrines on the retention of title to manufactured goods when the manufacturer and owner of raw materials are different people. Discusses cases for transfer of ownership when raw materials have been transformed into finished goods.