Title

Question 1

What is title

Answer 1

A legal right to the property

Question 2

What is Voidable title

Answer 2

A title obtained by deception, fraud, duress or misrepresentation.

Meaning the title can be avoided by the seller

Question 3

What is necessary to avoid title

Answer 3

Communication to B.

Take all possible steps to bring it to B’s notice, eg, writing a letter, text, phone call

Advising the police that the property was obtained by deception

Question 4

When does title pass

Answer 4

If the title has not been avoided at the time of sale and the goods are bought in good faith without notice of the sellers “defect” title

Question 5

Rule of law around title

Answer 5

No one can pass on a better title than they had themselves

Question 6

When can someone be charged with receiving

Answer 6

If they received it in bad faith or knew of the defect in title

Could also be a party to the false representation

Question 7

Title Chart

Answer 7

Car bought - sold to buyer - title void - buyer keeps

Car bought - title void - sold to buyer - seller gets car back

Car bought - title void - given knowing receiver - seller get car back (receiver liable)

Car bought - given to knowing receiver - title void - seller gets car back (receiver not liable)