Concept Of Title Flashcards
Define “title”
Right of claim to the ownership of property. Another term for title is “property in”.
Define “voidable title”
A title obtained by deception, fraud, duress or misrepresentation.
Until title is avoided, defrauder has a voidable title, and can confer good title on anyone who acquires the goods from them in good faith and for value.
To avoid a title, one of 3 must occur:
- Communicating directly with the deceiver
- taking all reasonable and possible steps to bring it to the deceiver’s notice, eg letter, email
- advising police of the circumstances of the deception
S25 Sale of Goods Act 1908 (when person buys property obtained by deception before title is avoided, with good faith and without knowledge of deception)
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
S246(4) CA61 Receiving after restoration to owner
If
(a) any property stolen or obtained by any other I.O. has been returned to the owner or
(b) legal title to any such property has been acquired by any person,
a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other I.O.
Hire purchase. Possession vs title?
Is deposit is made on a hire purchase using a stolen cheque then possession only is obtained. Title is not obtained until the full amount is paid.
The difference between theft and obtaining by deception hinges on the concepts of:
Possession
Ownership
Obtaining by deception VS theft by conversion
The crux of theft, ‘taking, does not include obtaining ownership, possession of, or control over any property with the consent of the person from whom it is obtained. However, a subsequent ‘conversion’ of anything in which posession is obtained by deception may be theft.
Where goods are obtained on ‘hire’ by a false representation, the offence committed is DECEPTION. However, if the offender later sells the hired goods to another, they commit THEFT BY CONVERSION.
S220 CA61 Theft by person in special relationship
(1) this section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person-
(a) to account to any other person for the property, or for any proceeds raising from the property or
(b) to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person
May be an offence under S220 CA61 where defendant ha intentionally
Failed to account to any other person for property received by the defendant
Failed to account to any other person for the proceeds of property received by the defendant
Dealt with property received by the defendant otherwise than in accordance with the requirements of some other person
Dealt with the proceeds of the property received by the defendant otherwise than in accordance with the requirements of some other person
An offence under section 220 requires proof of two core elements:
(a) That he or she have received property on terms or in circumstances which, to the defendant’s knowledge, affect what the accused may do with the property or its proceeds or require the defendant to act in accordance with the requirements of another person and
(b) that the defendant intentionally departed from the relevant obligation
S220 requires 2 mental elements:
- Defendant must know that the acquisition of the property was on terms or requirements which require the defendant to account for the property or its proceeds, or to deal with the property or its proceeds in accordance with the direction of another person
- Defendant must have intentionally departed from his or her obligations
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