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Tag Archives: Contracts

Incorporation of Retention of Title (Romalpa) Clauses in Contracts

Romalpa clauses are commonplace in standard trading terms and sale of goods contracts following the long-established case of Romalpa (1976). They are designed to protect a seller who is unable to obtain payment for goods that have been delivered to a buyer.  The buyer is in possession of the goods but the title to those rests with the seller under a clause of this type. These clauses are often turned …Read More

Sit up and Take Notice – Contracts in Motion

In property contracts, the serving of notices is a key step in creating, exercising or terminating legal rights pursuant to leases, agreements, options or sales.  And yet often notices are considered a mere formality and served by the parties themselves without taking legal advice.  The sheer volume of case law dealing with incorrectly served notices, or notices which fail to be served within the correct time period, testifies to the …Read More