Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)

Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)

Eagle Power Ltd never acquired title to the generating sets due to retention of title clause in Pollak Terms and non-payment; thus, Eagle could not pass good title to claimant. Eagle was not a mercantile agent for defendant. Statutory provisions relied upon by claimant did not apply given the facts and timing of possession and delivery.

Citation
[2013] EWHC 3159 (QB)
Parties
Claimant: Tahir Fadallah; Defendant: John Pollak
Jurisdiction
England and Wales
Judgment Date
22 October 2013
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Sale of Goods, Transfer of Title, Mercantile Agency, Retention of Title, Constructive Delivery
Commercial Law Contract Law Sale of Goods Transfer of Title Mercantile Agency Retention of Title Constructive Delivery

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Parties

Tahir Fadallah

Claimant

John Pollak

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether claimant acquired good title to the generating sets under English law
  2. 2 Application of Sale of Goods Act 1979 sections 21, 24, and 25
  3. 3 Whether Eagle Power Ltd acted as mercantile agent

Ratio Decidendi

Eagle Power Ltd never acquired title to the generating sets due to retention of title clause in Pollak Terms and non-payment; thus, Eagle could not pass good title to claimant. Eagle was not a mercantile agent for defendant. Statutory provisions relied upon by claimant did not apply given the facts and timing of possession and delivery.

Court Disposition

Claim dismissed

Orders

  • Action dismissed