Title Flashcards
Define title (Important)
Legal right to the property
What ‘level’ of title can a seller pass to a buyer? (Important)
A buyer acquires no better title to goods than the seller had, unless the owner of the goods is by the owners conduct precluded from denying the seller’s authority to sell
What is voidable title? (Important)
It is title obtained by deception, fraud, duress or misrepresentation.
The means the title can be ‘voided’ by the seller by taking civil steps via a claim in the small claims tribunal.
Can a seller with vodiable title pass on title? Explain
Until voidable title is voided, a defrauder has voidable title and can confer good title on anyone who acquires the goods from them in good faith and without notice of the sellers defect of title.
In a hire purchase agreement, who has title while the property debt is paid off? (Important)
Title remains with the seller until full payment is made
Discuss using search powers for goods obtained by deception
Police can search for evidential material of goods obtained by deception, but not to assist in civil claims
What does s246(4) state about property stolen or obtained by an imprisonable offence?
Where property stolen or obtained by an imprisonable offence, has been returned to the owner or legal title to it has been acquired by any other person, subsequently receiving it is not an offence even thought he receiver may know the property was previously stolen or obtained by an imprisonable offence
s246(4) is an exemption to what rule?
That a buyer cannot get better title than the seller.
When would s246(4) not apply, and the obtaining of property thus be an offence?
When the title to the goods has been voided
Why does a person who obtains goods by deception get voidable title, but someone who steals goods. does not?
Because with obtaining by deception the owner hands the goods over to the offender with the consent of the owner
