Concept of Title

Question 1

Define title?

Answer 1

A right or claim to the ownership of property

Question 2

What is the material difference between between theft and obtaining by deceit?

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 is called a voidable title this means that the title can be avoided by the seller.

Question 4

How do you void a title?

Answer 4

• communicate, letter, phone, text
• take all other possible steps to bring it to their notice
• advise the police

Question 5

What does s25 Sale of Goods Act 1908 state about sale under voidable title?

Answer 5

S25 - Sale under voidable title
Where the seller of goods has a voidable title thereto, 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.