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 writing a letter
- Advise the police that the vehicle was obtained by deception
Example
- Theft never gains title to stealing something
- B buys A’s car title is changed, using fraud cheques, can be voided due to fraud, must do above, if B sells to C before A does above C has title. A can’t get car back.
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.
