Transfer of Title Flashcards
Section 27(1) of SOGA provides…
no transfer of title can be made if goods are sold by non-owner or without consent of the owner.
What is the purpose of section 27(1) of SOGA?
To protect the right of ownership and the true owner may recover the goods without compensating the buyer because the buyer did not receive a good title.
What are the exceptions under section 27(1) of SOGA?
- Owner gave authority to seller to sell goods so owner is estopped from claiming.
- Sold by mercantile agent with consent to possess the goods.
- Buyer is a bona fide purchaser.
What is the case of Eastern Distributors v Goldring?
The plaintiff received a good title of the goods because the owner permitted the salesman to sell and this estopped the owner from denying the salesman’s authority.
The case of Pearson v Rose & Young is about…
the way that the consent for the mercantile agent to possess the goods is immaterial even if it was obtained through fraud or trickery.
The buyer is not protected under the exception of mercantile agent if…
the goods entrusted to the agent is unrelated to his ordinary course of business.
In the case of Oppenheimer v Attenborough…
the pledge of diamonds was valid because the agent was acting in the ordinary course of business even though he had no authority to pledge the diamonds.
The exception of good faith does not apply in the case of Budberg v Jerwood & Ward because…
the seller possessed the goods as a friend of the lawyer, not as a mercantile agent.
