Cold Cuts Ltd is a company supplying frozen foods to retail outlets. On one occasion, the refrigeration unit in a van delivering supplies to two clients broken down shortly after the van left the warehouse. Both clients were taking delivery of the same type of product from a bulk stored in the company’s warehouse, and the van was loaded with sufficient to meet the two orders. When the van arrived at the first client’s premises, the food had defrosted and was no longer acceptable. Cold Cuts Ltd claimed that both clients were liable to pay for the goods since the property in the goods had passed to them when the van was loaded. Advised the clients of the position. Would your answer be different if the refrigeration unit had broken down after the first consignment had been delivered but before the second delivery had been made?

Cold Cuts Ltd is a company supplying frozen foods to retail outlets. On one occasion, the refrigeration unit in a van delivering supplies to two clients broken down shortly after the van left the warehouse. Both clients were taking delivery of the same type of product from a bulk stored in the company’s warehouse, and the van was loaded with sufficient to meet the two orders. When the van arrived at the first client’s premises, the food had defrosted and was no longer acceptable. Cold Cuts Ltd claimed that both clients were liable to pay for the goods since the property in the goods had passed to them when the van was loaded. Advised the clients of the position. Would your answer be different if the refrigeration unit had broken down after the first consignment had been delivered but before the second delivery had been made?