Nemo Dat Quod Non Habet

Question 1

Rolland v Divall

Answer 1

Potentially harsh consequences

Buyer purchased a car from the seller and the buyer and seller delt in good faith. Later on discovered that the car was stolen, the buyer had to return the car to the owner and sued the seller. Buyer was entitled to a claim here which recovered the whole price and seller entitled to nothing

Question 2

Archivent sales &development Ltd v Strathclyde regional council

Answer 2

Exception: buyer in possession after sale

Seller deliver the goods on credit to a contracted, when he was building a school. Contracted sold goods to school- ownership passed in good faith here

Question 3

Macleod v Kerr

Answer 3

Exception: Voidable title

A sold a car to B. B paid for the car with a stolen cheque. B sold car to C. A& C both claimin the car
Decided that the car belonged to C - voidable contract not attached in tune so B could pass to C

Question 4

Eastern distributions v Goldring

Answer 4

Personal bar
Original owner acted as though the seller had a right to sell

Seller made it look like G had a right to sell so he’s personally barred from saying he didn’t