War Damage Insurance of Machinery: The Position as Between Buyer and Seller in Regard to “Fixed” and “Movable” Plant Available to Purchase

WHERE machinery and plant is sold, usually on the terms that the seller is to carry out the work of installation, difficult questions have arisen, under both the War Risks Insurance Act 1939 and the War Damage Act 1941, as to the extent of the obligations imposed on the sellers with regard to insurance against war damage. In many cases, moreover, the position is complicated by the fact that the sellers retain ownership until the purchase price has been fully paid, an event which may take some little time, or again by the fact that the machinery and plant is being bought on hire purchase terms.