ABSTRACT
Property does not pass under r 5(1) unless the goods are in a deliverable state, though, for the operation of s 20A and B, an unascertained share of a bulk does not need to be in a deliverable state. In Phillip Head v Showfronts (1970), B ordered a carpet from S, which S was to lay on B’s premises. S delivered the carpet, but it had to be sent away to be stitched. When it was redelivered it was in bales. It was then stolen from B’s premises. Held: property had not passed to B, because the carpet, being in bales, was not in a deliverable state.
