RETENTION OF TITLE CLAUSE NOT INCORPORATED INTO CONTRACT

P4 Ltd v Unite Integrated Solutions plc [2006] EWHC 2640 (TCC); [2006] All ER (D) 352 (Oct), 27 October 2006

In P4 Ltd v Unite Integrated Solutions plc [2006] EWHC 2640 (TCC); [2006] All ER (D) 352 (Oct), 27 October 2006, Mr Justice Ramsey held that the claimant had failed to prove that the retention of title clause in its standard trading terms had been incorporated into the contract which it concluded with the defendant. In this respect the case acts as a reminder of the need to take care to ensure that standard terms of business are incorporated into concluded contracts (especially when doing business by fax). The case also examined a number of other points of law, particularly in relation to the scope of s25(1) of the Sale of Goods Act 1979 but it is not possible to deal with them in full in this note. Instead we shall confine attention to the meaning of the word ‘disposition’ in the subsection.