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

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2
Q

Voidable title

A

Title that is obtained by deception is voidable title

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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
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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.

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