Concept of Title Flashcards
Title
a right or claim to the ownership of property
or
a legal right to the property
Does a theif get title?
No
What is a voidable title?
Any title obtained by fraud, duress or deception
What happens when a person who has voidable title sells the item to a genuine buyer before the title is voided?
The genuine buyer receives good title and the victim of the deception/fraud/duress does not get the item back
What happens when the title is voided before the person with voidable title on sells the item to a genuine buyer?
The genuine buyer does not receive good title and the victim of the fraud/duress/deception gets the item back
What is necessary to avoid title?
Taking of all possible steps to bring it to the deceivers notice (eg: phone call, text, letter)
Notifying the police that the item was obtained by fraud
What does s25 of the Sale of Goods Act 1908 specify?
Where the seller of goods has voidable title but it has not been avoided at the time of the sale then the buy of the good receives good title provided they buy them in good faith and with no knowledge of the sellers defect title
When does title pass?
Where there is a contract for sale of the goods then title passes when it was intended to pass by the parties
How do you ascertain the intentions of the parties for when title is passed?
- terms of the contract
- conduct of the parties
- circumstances of the case
What does S246(4) ‘receiving after restoration to owner’cover?
If any property which is stolen or obtained by any imprisonable offence has been returned to the owner or legal title to it has been acquired by any other person, then any subsequent receiving of that property is not an offence even if the receiver knows it had previously been stolen or obtained by any imprisonable offence
Why is S246(4) ‘receiving after restoration to owner’ relevant to receiving stolen goods?
Because if you have voidable title it is still covered under the section so the receiver is protected even if they know the item to have been stolen or obtained y any imprisonable offence
Can goods be received by deception without receiving title?
Yes, in some cases they only obtain possession
What is significant about hire purchase?
Title is not transferred to the buyer until the full amount is paid and until this is done the seller retains title.
Chart Concepts:
Monday - car bought with valueless cheque
Tuesday - sold to genuine buyer
Wednesday - title voided by complaininat
What happens?
Buyer keeps car and is not liable
Chart Concepts:
Monday - car bought with valueless cheque
Tuesday - title voided by complaininat
Wednesday - sold to genuine buyer
What happens?
Seller gets car back and buyer is not liable
