Question
HellLusso is a supplier of Blue Mountain coffee from Jamaica and coffee machines designed and built by inmates at St. Catherine District Prison. Its standard
HellLusso is a supplier of Blue Mountain coffee from Jamaica and coffee machines designed and built by inmates at St. Catherine District Prison. Its standard written terms of business contain the following clause: The seller hereby reserves title to: all goods supplied under this contract; all goods mixed with, manufactured or derived from or incorporating goods supplied under this contract; the proceeds of any sale or disposition of the goods supplied under this contract, which it is agreed are made by the Buyer as fiduciary agent of the Seller. HellLusso contracted to sell to Bragga BENZ Ltd eight 25 kg sacks of raw coffee beans and the goods were delivered to Bragga BENZ. Four of the 25 kg sacks of coffee beans were roasted. The roasted beans were put back into the sacks in which they were originally supplied. The sacks identify that they were supplied by HellLusso. The other four 25 kg bags were mixed with 100 kg of beans of lower quality supplied by two other suppliers, roasted, ground and placed in sealed 5 kg bags ready for sale. Ten of the 5 kg bags have been sold and the 500 proceeds of sale are now in Bragga BENZ's only bank account. Bragga BENZ are now in insolvent liquidation. HellLusso's invoices for the goods remain unpaid. HellLusso are now seeking advice on the enforceability of their retention of title clause.
Advise HellLusso as to what its rights are under Jamaican Law. (15 marks)
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