Concept of Title Flashcards
1
Q
Title definition
A
Title is a right or claim to the ownership of property; a legal right to the property
2
Q
Voidable title
A
Title that is obtained by deception is voidable title
3
Q
Three ways title can be avoided:
A
- Communication directly with the deceiver
- Taking all possible and reasonable steps to bring it to the deceivers notice e.g: letter, email
- Notifying police of the deception
4
Q
Receiving after restoration to owner
Act/Section
A
Crimes Act 1961 Section 246(4)
If -
(a) Any property stolen or dishonestly obtained by any other imprisonable offence has been returned to the owner; or
(b) Legal title to any such property has been acquired by any other person -
A subsequent receiving of the property is not an offence, even if the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.
