Question
Question on Retention of Title Clauses---Jurisdiction:HK/UK Mr Lo, who is in the business of manufacturing timber, enters into supply contracts with AB Ltd for the
Question on Retention of Title Clauses---Jurisdiction:HK/UK
Mr Lo, who is in the business of manufacturing timber, enters into supply contracts with AB Ltd for the supply to the latter of unpolished wooden board and poles on a regular basis. AB Ltd runs a made-to-order furniture business in the New Territories. It employs carpenters to make cabinets, dining chairs and tables, the process of which requires substantial labour and other raw materials
Mr. Lo's timber supply contracts with AB Ltd contain the following clause:
'The seller and buyer agree that the seller shall retain full title to the goods (and any products they are incorporated into) until full payment is made by the buyer on all invoices issued by the seller. If the buyer sells the goods (or any products into which the goods have been incorporated), the buyer shall hold such proceeds in trust for the seller until such payment on the invoices is made in full by the buyer."
Recently AB Ltd.'s business has fallen by half and invoices issued by Mr. Lo and other creditors are outstanding. AB Ltd is now forced into winding up its business to pay off creditors. It has huge amount of wood (supplied by Mr. Lo) and finished furniture on its premises. Some of AB Ltd customers, knowing of its financial situation, have recently made payment for furniture supplied.
Advise Mr Lo as to his remedies
references:
https://www.investopedia.com/retention-of-title-clause-5190451
https://www.coursehero.com/file/59560586/1-Retention-of-Title-Clausesdocx/
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