Concept of Title

Question 1

Title meaning

Answer 1

“a right or claim to the ownership of property”

Question 2

Difference between theft and deception

Answer 2

A thief never gets title. But a person, who by deception or other deceit, induces another to hand over the goods with the intention that the title will pass, does get title.

Question 3

What is a Voidable title

Answer 3

A title obtained by deception, fraud, duress or misrepresentation.

• This title can be avoided by the seller.
• If an innocent purchaser buys goods obtained by deception, before title has been avoided, then they are entitled to good title.
• Until the title is avoided, the defrauder has a voidable title, and can confer good title on to anyone

Question 4

How to avoid title?

Answer 4

• communicate with the defrauder
• take all other possible steps to bring it to their notice, eg by writing a letter
• advise the police that the vehicle was obtained by deception

Question 5

S25 - Sale of goods act 1908 - Voidable title

Answer 5

“Where the seller of goods has a voidable title, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title.”

Question 6

When does title pass?

Answer 6

Title passes when it was intended to pass by the parties.

Regard must be had to the:

• terms of the contract
• conduct of the parties
• circumstances of the case

Question 7

Receiving after restoration to owner explanation

Answer 7

If title has been obtained by deception then the defrauder has knowingly passed or sold it on to someone else, that person receiving the goods is not liable, provided even if they knew it had been previously stolen or obtained by any other imprisonable offence.

You can’t get charged with receiving property if the defrauder obtained title when the received the items.