Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett

Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett

Sale of goods — Unascertained goods — Customers purchasing non-allocated gold from Company — Contract requiring Company to store bullion — Contract.
Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett claimants (2) Steven Paul Liggett and (3) James William Heppleston.
Re Goldcorp Exchange Ltd UKPC 3 is an English trusts law case by the Judicial Committee of the Privy Council decision on appeal from the Court of.

Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett - basketball

Because if it is impossible to saw who is entitled to benefit, it may be impossible to prevent payments of trust income to persons outside the class of objects. It is common ground that the contracts in question were for the sale of unascertained goods. Lord Templeton , Lord Mustill , Lord Lloyd of Berwick , Sir Thomas Eichelbaum. The customers' purchase contracts did not transfer title, because which gold specifically was to be sold was not yet certain. It is understandable that the claimants, having been badly let down in a transaction concerning bullion should believe that they must have rights over whatever bullion the company still happens to possess. Not logged in Talk Contributions Create account Log in. The company's employees also told customers that the company would maintain a separate and sufficient stock of each type of bullion to meet their demands, but in fact it did not. Once again their Lordships are fortified in their conclusion by the fact that the reasoning of Scott L. But can Wiffen here be permitted to say, 'I never set aside any quarters? The plaintiff may well say, 'I abstained from active measures in consequence of your statement, and I am entitled to hold you precluded from denying that what you stated was true'. Another and more important aspect of the same point is that the bulk actually existed. Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett