header-logo header-logo

16 September 2020 / Professor Sarah Green , Matthew Barry
Issue: 7902 / Categories: Features , Commercial , Profession
printer mail-detail

Delivering the goods—lessons from Farepack

27526
Sarah Green & Matthew Barry discuss modernising the transfer of ownership rules
  • Why amend the transfer of ownership rules?
  • The Law Commission’s proposed rules.
  • The questions asked in the consultation paper.

The Law Commission has recently launched a consultation on a draft Bill that would amend the rules governing when consumers acquire ownership of goods under sales contracts. The consultation follows on from the Law Commission’s July 2016 Report, Consumer Prepayments on Retailer Insolvency (https://bit.ly/3itIRfj) which recommended reform of the transfer of ownership rules. In this article, we set out the case for reform, briefly explain our proposed rules, and describe the scope of our consultation.

Why amend the transfer of ownership rules?

Consumers often pay for goods in advance of receiving them. This happens whenever consumers buy goods online. It can also happen when consumers pay for goods in a physical store, but the goods have to be made to the consumer’s order, are not available to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll