Title Flashcards
Title
A legal right to property. A person cannot give better title to property than they own.
Material difference between dishonesty and deceit
Of note only
A thief never gets title. But a person, who by deception or other deceit, induces another to hand over the goods with the intention that the title will pass, does get title. Note, however, that there may be limitations on this title.
Voidable Title
Of note only
A title obtained by deception, fraud, duress or misrepresentation is called a ‘voidable title’. This means that the title can be avoided by the seller.
Thus, if an innocent purchaser buys goods obtained by deception, before title has been avoided, then he or she is entitled to good title.
How complainant can void title
- Communicate with offender
- Take all other possible steps to bring it to offender’s notice, eg by a public notice in the paper
- Advise the police that the property was obtained by deception
When does title pass
Legislation
Of note only
S19 Sale of Goods Act 1908
Where there is a contract for the sale of specific goods between the parties, title passes when it was intended to pass by the parties.
To ascertain the intention of the parties, regard must be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.
Receiving after restoration to owner
Legislation
(Pretty much word for word to R v Donnelly)
S246(4) CA61
(a) If any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
(b) If legal title to any such property has been acquired by any other person,
- a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.
When can a person keep title of goods fraudulently obtained
Of note only
Section 246(4) is an exception to the rule that you cannot get a better title than the seller.
If the original purchaser subsequently sells the goods to an innocent buyer (one who is not aware of the defect in title) then the title has been made legal.
S25 of the sale of Goods Act 1908
Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the sellers defect of the title
Theft by person in special relationship
S.220 CA.61. 7yrs
The defendant has intentionally:
-failed to account to any other person for property OR Proceeds of the property, received by the defendant
-dealt with property OR proceeds of the property, received by the defendant otherwise than in accordance with the requirement of some other person
Mental elements of Theft by person in special relationship
- Defendant knows they received property on terms or in circumstances which requires them to account for the property or its proceeds, or to deal with the it in accordance with the direction of the other person
- Defendant intentionally departed from the relevant obligation
Of Note
No requirement to act dishonestly or without claim of right, the mere fact of intentionally failing to perform one’s obligations is sufficient.
