TITLE Flashcards
‘Title’ means
A ‘legal right’ (to the property).
Can a person be given better title to property than they own?
No.
Does a thief get title?
No.
‘Voidable title’ can be conferred as ‘good title’ to anyone who?
Acquires the goods in ‘good faith’ and for ‘value’.
What is another term for ‘Title’?
‘Property in’
If A sells B a car for 3 instalments of $1,000.
But B only pays the first instalment of $1,000 but refuses to pay the rest and keeps the car.
Who has title, A or B?
How can the title be taken back?
B.
(Step 1) B’s title can be voided by A taking civil action (notifying B).
(Step 2) To void B’s title and re-claim ownership, A can bring a clam in the Small Claims Tribunal.
A sells B a car through Hire Purchase. B takes the car but does not complete the payments.
Who has title, A or B?
A.
(Because A held onto the title until B paid in full. B never paid in full so A keeps the title. A can repossess the car).
‘Good faith’ means
Not knowing about the voidable title.
If A sells B a car for 3 instalments of $1,000.
But B doesn’t intend to pay A. Instead he deceives A into giving him the car on a promise to pay later.
Who has title, A or B?
How can the title be taken back?
B.
Because it was by deception the title is voidable.
A can avoid the title by notifying B or reporting the offence to police. Must be done before B transfers title to another person.
If B sells the car to C, and C receives good title. But B is later convicted of his deception against A, who gets the car?
C does. Because C still has good title. The conviction doesn’t change that.
While investigating B, police seized the car from C as evidence in B’s offending. Can police now return the car to A?
No. The car still belongs to C and must be returned to C because C has good title.
Can someone be convicted of Receiving if they had Good Title?
No.
What are 2 instances of ‘Legal Title’?
(1) Good title
(2) Voidable title
Can title be passed on under duress?
Yes.
