JSB171 Lecture Notes - Lecture 1: Fiduciary, Prima Facie, Affix
Document Summary
Here there is a romalpa clause reserving ownership with [seller] until [payment of the purchase price]. Here [seller] claims there is a romalpa clause reserving ownership with [seller] until [payment of the purchase price]. This would be considered a contrary intention for the purposes of s21. The use of such a reservation of title clause is facilitated by s22(1) which provides that property will not pass to the [buyer] unless/until the conditions of the clause are fulfilled. Extra: (purpose) romalpa clause usually used by seller to protect themselves from the insolvency of buyer where the price is unpaid, and to defeat the claims of creditors with registered charges who would otherwise take priority over seller. Here there is an oral agreement for _______. Under s6(1) this would still constitute a valid contract. On the facts there is clearly a written contract for the ____________ b/w [buyer] and the [seller].
