Title Flashcards
What is title?
A legal right to property
What is the general rule of title?
A person cannot give better title than they own
What does section 149 of the Contract and Commercial Law Act 2017 state?
(Sale by person who is not owner)
The buyer gets 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 e.g. mortgagee sale, court seizure under warrant
What is the difference between theft and obtaining by deception?
Thief = never gets title, possession only
Obtains by deception = Title will pass but with certain limitations
Voidable title
Title that is obtained by deception, fraud, duress or misrepresentation, meaning that title can be voided by the seller.
What does section 151 of the Contract and Commercial Law Act 2017 states?
(Sale under voidable title)
Until the title is voided, the defrauder has voidable title and can pass on good title to anyone who acquires the goods in goods faith and without notice of the defect in title
What does section 152(2) of the Contract and Commercial Law Act 2017 state?
(Revesting of property in stolen goods on conviction)
Property that is obtained by deception does not revest in the person who was the owner of the goods. Even if person B is convicted of fraud, person C does not lose title to the property (pursuant to s151)
What does section 246(4) of the Crimes Act 1961 state?
Receiving after restoration to owner
When stolen property has been returned to owner or legal title has been acquired by another person, a subsequent receiving charge is not an offence.
When is title obtained on Hire Purchase?
Title remains with the seller until the full amount is paid
