Concept Of Title

Question 1

Title

Answer 1

CONCEPT OF TITLE
Not defined in CA61. Can be defined as a right or claim to the ownership of property - a legal right to the property.

Cannot give better title to property than they have. If a seller, that doesn’t have ownership rights to the goods, acts without the authority of the actual owner (insinuating they have passed on a genuine title to a buyer) that buyer can receive no greater interest in the goods than the seller had.

Question 2

Possession V Title

Answer 2

POSSESSION V TITLE
Goods are capable of being received where possession only is only obtained by the false representation. Their never gets title, but person who obtains by deception the title does pass - with limitations.

I.e. Hire purchase, title not obtained until full paid - deposit made using a stolen check and possession is obtained but not title.

Question 3

When Does Title Pass - S19 Of Goods Act 1908

Answer 3

Where there is a contract for sale of good between parties then title passes when it was intended to pass by the parties

Question 4

Voidable Title

Answer 4

VOIDABLE TITLE

• Is a title obtained by fraud, duress deception or misrepresentation and can be avoided by the seller.
• The defrauder has a voidable title (subject to voiding), but can confer a good title on anyone who acquires the goods from them in good faith/value.
• If an innocent purchaser buys goods obtained by deception, before title has been avoided, then they are entitled to good title.

Question 5

Two Steps to Void Deceivers Title

Answer 5

HOW TO VOID TITLE

• Communicate with deceiver
• Take all other possible steps to bring it to offenders notice, e.g. by writing a letter
• Advise the police that the goods were obtained by deception.

Question 6

Propensity Rule

Answer 6

PROPENSITY RULE - S40 EA06
- Shows a persons propensity to act in a particular way, have a particular state of
Mind, being evidence of circumstances, acts, omissions person alleged to been involved.
- Does not include evidence of an act/omission that is an element of offence for which person is being tired or cause of proceeding in question

Question 7

Propensity (1)

Answer 7

PROPENSITY ADMISSIBILITY (1)
Admissible where there is sufficiently strong connection between the offences

I.e. if other cheques drawn by defendant were dishonoured this may be evidence towards the dishonoured cheque that is the subject matter of the charge. Directly shows relevant intent/state of mind of defendant when they issued it.
However, general dishonesty offending across a number of offences would not in itself bring in the propensity rule.

Question 8

Propensity (2)

Answer 8

PROPENSITY ADMISSIBILITY (2)
Degree to which the probative value of the evidence outweighs the prejudicial effect

Probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.

Question 9

Judge to Consider with Propensity

Answer 9

JUDGE PROPENSITY CONSIDERATIONS - S43 EA06
Frequency and connection in time of acts, omissions, events, or circumstances which are the subject of the evidence have occurred
Extent of the similarity between acts etc which are the subject of the evidence which constitute the offence for which the defendant is being tried
Number of persons making allegations against the defendant that are similar to the subject of the offence for which the defendant is being tried - taking into consideration collusion.