Part III Effects of the Contract

Transfer of property as between seller and buyer

F120B Deemed consent by co-owner to dealings in bulk goods.

(1)

A person who has become an owner in common of a bulk by virtue of section 20A above shall be deemed to have consented to—

(a)

any delivery of goods out of the bulk to any other owner in common of the bulk, being goods which are due to him under his contract;

(b)

any dealing with or removal, delivery or disposal of goods in the bulk by any other person who is an owner in common of the bulk in so far as the goods fall within that co-owner’s undivided share in the bulk at the time of the dealing, removal, delivery or disposal.

(2)

No cause of action shall accrue to anyone against a person by reason of that person having acted in accordance with paragraph (a) or (b) of subsection (1) above in reliance on any consent deemed to have been given under that subsection.

(3)

Nothing in this section or section 20A above shall—

(a)

impose an obligation on a buyer of goods out of a bulk to compensate any other buyer of goods out of that bulk for any shortfall in the goods received by that other buyer;

(b)

affect any contractual arrangement between buyers of goods out of a bulk for adjustments between themselves; or

(c)

affect the rights of any buyer under his contract.