sale of goods - what title a buyer gets

Question 1

s149 ccla

Answer 1

nemo dat
- a buyer will only recieve good title if the seller had good title to give

Question 2

two expection to nemo dat

Answer 2

both involve bona fide buyers
s153 - seller in poessions after sale sells to a third party
s297 - merchantile agnet

Question 3

s153 - seller in poessions after sale sells to a third party

Answer 3

sale and no delievry and then another sale of same stuff to another buyer and the other buyer receives in good faith and had no notice of the first sale, c gets good title

Question 4

mitchell v jones

Answer 4

b sold horse to mitchell, whothen leased the horse back to b, b then re selles the horse to jones, who acted in good faith and without notice of first sale
lease agt is a diffent tranaction so jones is not protected when b re sells the horse

Question 5

s297 - merchantile agnet

Answer 5

agent who has authority to sell goods, they are in posseison of the good with the owners consent, sale to another, sale is in teh ocob as merchantiel agent, buyer acts in good faith, buyer doesnt have notice of ma lack of authority

Question 6

ron mcdonald v jim boyd

Answer 6

car was in possessioon of a&j motors who on sold it despite not having ownershiop, since they were in buiness of selling cars they were merchantile agnet and their sale valid under s297

Question 7

alternate remedies - s135

Answer 7

if the buyer does not recieve a good title, they will have perosnal remedies against the seller on the form of breach of contarct
- can contract out of this condition too