Trade Electronix Ltd v Best Buy Today (Wholesale) Ltd (In Administration) & Anor [2009] EWCA Civ 828 (29 July 2009)

Trade Electronix Ltd v Best Buy Today (Wholesale) Ltd (In Administration) & Anor [2009] EWCA Civ 828 (29 July 2009)

There was no evidence capable of supporting the conclusion that Trade Electronix Limited had entered into a binding contract to buy £150,000 worth of goods from Best Buy Today (Wholesale) Limited; therefore, Trade Electronix Limited's claim was bound to fail.

Citation
[2009] EWCA Civ 828
Parties
Claimant/appellant: Trade Electronix Limited; First Defendant/respondent: Best Buy Today (Wholesale) Limited (in administration); Second Defendant/respondent: Davenham Trade Finance Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sale of Goods, Transfer of Title, Conversion, Appropriation of Goods
Commercial Law Contract Law Sale of Goods Transfer of Title Conversion Appropriation of Goods

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Parties

Trade Electronix Limited

Claimant/appellant

Best Buy Today (Wholesale) Limited (in administration)

First Defendant/respondent

Davenham Trade Finance Limited

Second Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a binding contract existed between Trade Electronix Limited and Best Buy Today (Wholesale) Limited for the purchase of Argos return stock
  2. 2 Whether title to the goods passed to Trade Electronix Limited
  3. 3 Whether Davenham Trade Finance Limited acquired good title under section 24 of the Sale of Goods Act 1979

Ratio Decidendi

There was no evidence capable of supporting the conclusion that Trade Electronix Limited had entered into a binding contract to buy £150,000 worth of goods from Best Buy Today (Wholesale) Limited; therefore, Trade Electronix Limited's claim was bound to fail.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no further orders made