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The article contrasts this approach with United States law under the Uniform Commercial Code, focusing on how authorised dispositions affect security interests and alter risk for final purchasers.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & 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is the core issue with retention of title clauses in long chains of transactions?","Question",{"text":63,"@type":64},"In chains of transactions, each disponee can only acquire the title that their immediate disponor had, and determining how the title remains encumbered becomes harder as the chain grows.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"Why does the article say English law fails to protect purchasers adequately?",{"text":68,"@type":64},"It argues English law does not fully acknowledge the vital role of authorisation in situations involving pre-existing but unknowable encumbrances, which affects how risk is allocated in nemo dat conflicts.",{"name":70,"@type":61,"acceptedAnswer":71},"How does US law under UCC Article 9 change the effect of authorised dispositions?",{"text":72,"@type":64},"It states that a security interest can pass with the goods upon disposition, but if the disposition is authorised, the security interest attaches to the proceeds instead, allowing 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](eprints@whiterose.ac.uk)[https://eprints.whiterose.ac.uk](https://eprints.whiterose.ac.uk)  \nUniversities of Leeds, Sheffield and York  \nDeposited via The University of York.  \nWhite Rose Research Online URL for this paper:  \n[https://eprints.whiterose.ac.uk/id/eprint/151800/](https://eprints.whiterose.ac.uk/id/eprint/151800/)  \n[Version: Accepted Version](Version: Accepted Version)  \nArticle:  \nThomas, Sean Rhys (2014) The Role of Authorization in Title Conflicts Involving Retention of Title Clauses: Some American Lessons. Common Law World Review. pp. 29-61. ISSN: 1473-7795  \n[https://lra.le.ac.uk/bitstream/2381/31585/2/CLWR%20263_Thomas.pdf](https://lra.le.ac.uk/bitstream/2381/31585/2/CLWR%20263_Thomas.pdf)  \nReuse  \nItems deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item.  \nTakedown  \nIf you consider content in White Rose Research Online to be in breach of UK law, please notify us by  \nemailing [eprints@whiterose.ac.uk](eprints@whiterose.ac.uk) including the URL of the record and the reason for the withdrawal request.  \nThe Role of Authorisation in Title Conflicts Involving Retention of Title Clauses: Some American Lessons  \nDr Sean Thomas􀀍  \nThis article considers the lack of protection granted to purchasers of goods encumbered with retention of title clauses. In chains of transactions, disponees are only able to acquire such title that their immediate disponor had. The difficulties involved in determining the extent to which the title is encumbered is magnified as chains of transactions extend. English law fails to fully acknowledge the vital role of authorisation in cases involving pre-existing but unknowable encumbrances. The failures of English law can be usefully contrasted with the situation in the United States of America. Under Article 9 of the Uniform Commercial Code, a security interest can pass with the goods upon disposition, yet if the disposition is authorised, the security interest will merely attach to the proceeds of the disposition. The final purchaser will be able to retain the goods. Although prima facie similar to English law, the American case-law demonstrates that authorisation plays a substantially more influential role, and reduces the risk to purchasers in comparison with English law.  \nKeywords: Retention of Title Clauses; Sales; Authorisation; Security Interests; Uniform Commercial Code.  \nI. Introduction  \nFollowing a disposition of goods by a non-owner or a disponee with a limited title, a conflict will exist between the true owner or the holder of a security interest and the third party purchaser, due to the operation of the rule nemo dat quod non habet.1 Locating the true ownership of goods can be a challenge, particularly if there is a long chain of transactions.2 This challenge is exacerbated by the use of retention of title clauses, 3 and the lack of clarity in English law as to the impact of such clauses on nemo dat conflicts. In English law retention of title clauses are not security interests,4 even if at a functional level ‘the seller retains his title in his goods, for the purpose of providing himself with security.’5 For de Lacy the security interest expressed in a retention of title clause is in ‘abeyance’ up until the buyer (for example) becomes insolvent and the seller holding the retention of title clause wishes to protect their interest.6 Consequently it could be argued that the buyer could rely on ‘waiver ’on the part of the seller,7 in the context of sub-sales where ‘the seller does not complain if the buyer does not in fact account to him fo","cbCaikdujqcBjSK1","https://ap.wps.com/l/cbCaikdujqcBjSK1","pdf",458086,25,"English","# Introduction\n# The Buyer in Possession under English Law","[{\"question\":\"What is the core issue with retention of title clauses in long chains of transactions?\",\"answer\":\"In chains of transactions, each disponee can only acquire the title that their immediate disponor had, and determining how the title remains encumbered becomes harder as the chain grows.\"},{\"question\":\"Why does the article say English law fails to protect purchasers adequately?\",\"answer\":\"It argues English law does not fully acknowledge the vital role of authorisation in situations involving pre-existing but unknowable encumbrances, which affects how risk is allocated in nemo dat conflicts.\"},{\"question\":\"How does US law under UCC Article 9 change the effect of authorised dispositions?\",\"answer\":\"It states that a security interest can pass with the goods upon disposition, but if the disposition is authorised, the security interest attaches to the proceeds instead, allowing the final purchaser to retain the goods.\"}]","The Role of Authorisation in Title Conflicts Involving Retention of Title Clauses - Some American Lessons | PDF",63]