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Write 9 pages with APA style on Place the case in its historical, legal, and where appropriate, social and economic context, and discuss its importance to commercial law.
Write 9 pages with APA style on Place the case in its historical, legal, and where appropriate, social and economic context, and discuss its importance to commercial law. Thus, under the provision of the retention of title, whenever the buyer becomes bankrupt or insolvent and thus is not able to pay for the goods obtained from the seller, it is within the seller’s right to repossess the goods. Nevertheless, the provision for the manner in which the seller may repossess the goods has had a wide nature of variance, since the repossession of the goods under the retention of title clauses is fully dependent on several factors.
First, the manner in which the seller can repossess such goods is based on whether the goods are still existing and identifiable in the manner in which the seller delivered the goods to the buyer3. Secondly, the manner of repossession of the goods is dependent on whether the seller is recovering the full price or partial price for the goods, where part of the price for the goods has already been paid. Thirdly, the manner in which the seller can reposes the goods is dependent on whether there exist other debts and liabilities between the seller and the buyer, other than for the contract of goods in question4. Therefore, this analysis seeks to place the case Clough Mill v Martin [1985] 1 WLR 1115 in its historical, legal and social economic contexts, in order to fully understand its importance to commercial law.
The history of the case Clough Mill v Martin [1985] 1 WLR 111 can be traced back to the rise of the concept of retention of title for the goods delivered to the buyer by the seller, which came into the fore under the case Borden (UK) Ltd v Scottish Timber Products Ltd [1979] 3 All ER 961 CA6, was in relation to the recovery of the goods supplied to the buyer by the seller, but had already been incorporated into new products in a form that could not be traced.
