Definitions - PART 2 Flashcards
149- Contract and Commercial Law ACT 2017: (transfer of title)
Sale by person who is not owner
1) This section applies if goods are sold by a person who—
(a)
is not the owner of the goods; and
(b)
does not sell the goods under the authority or with the consent of the owner.
(2)
The buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by the owner’s conduct precluded from denying the seller’s authority to sell.
Bailiff example - seizing panting
Sale under Voidable Title
S151 Contract and Commercial Law Act 2017
151 Sale under voidable title
(1)
This section applies if—
(a)
a seller of goods has a voidable title to the goods; but
(b)
the seller’s title has not become void at the time of the sale.
(2)
The buyer acquires a good title to the goods if the buyer buys the goods in good faith and without notice of the seller’s defect of title.
S246(4) - Receiving after restoration to the owner:
If—
(a)
any property stolen or 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 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 imprisonable offence.
