Propensity Evidence - Concept of Title Flashcards
Define Title?
Legal right to the Property.
*What is Voidable Title?
Where it is obtained by deception, fraud, duress or misrepresentation.
The title can be voided by the Seller.
When can Voidable Title become Good Title?
Until the title is voided (defrauder has voidable title), can pass on good title on to anyone who acquires the goods from him/her in good faith and for value.
Example of Obtains by Deception?
A agrees to sell B a car.
B has no intention to paying for car.
B convinces A that he will pay tomorrow.
B takes car and ghosts A.
B obtains possession/goods as A had intended to hand it over.
A’s consent obtained by deception possession AND title of car; B’s title can be regarded as voidable.
What is “Legal Title”
When the original purchaser subsequently sells the goods to an innocent buyer (one who is not aware of the defect in the title) then the title is made legal
When is Title Voided?
When it has been voided by the Victim.
When can the receiver/buyer be liable?
If they received the goods in bad faith or knew that there was a defect in the title.
*Example of Hire Purchase? (Receiving)
B buys Car on Hire Purchase from A.
B has possession however A maintains title until full amount paid.
B sells Car to C and C has guilty knowledge/is aware, then C can be charged for Receiving as they do not have title.
