Title Flashcards
Sale by person who is not owner
(Section 149 - Contract and commercial law act 2017)
If a person sells goods that they don’t own or have consent to sell from the owner they do not have title - (unless warrant to seize property)
Sale under voidable title
(S151 - Contract and Commercial Law Act 2017)
If a person sells goods before title has become void then the buyer obtains good title (purchased in good faith).
Reversing of property in stolen goods of conviction of offender
(S152(2) of Contract and Commercial law act2 017
B sells goods to C before title is void (purchased in good faith).
B is convicted of fraud.
C can keep the property and doesn’t have to give back to A
Title
Legal right to the property
Voidable Title
Title obtained by deception, fraud, duress or misinterpretation. To void title you must take civil steps.
Returning stolen property
Police can search for the vehicle under S&S or obtaining a SW for evidential purposes only not to assist in civil matters.
Receiving after restoration to owner
If property has been returned to the owner or legal title has been acquired then receiving it is not an offence even though they may be aware it was previously stolen.