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Transfer of title (sale under voidable title (s23 SGA (not avoided at the…
Transfer of title
sale under voidable title
s23 SGA
not avoided at the time of sale
buyers acquires good title to them
good faith and without notice of lack of seller's authority
owner to show buyer did not have good title to them by lack of good faith or notice
Lewis v Avery
rogue - face to face principle - presumption that intention was to deal with person present in front of them
avoiding a voidable contracy
s23
innocent party to inform the other party that the contract is no longer binding/or by evincing intention to do so or taking all possible steps
notify police in case of fraud
Car and Universal Finance v Caldwell
- depends on speed to avoid
Newtons of Wembley v Williams
- good title may pass even though original owner had managed to avoid the rogue's title before the sale
s25 SGA
buyer in possession after sale nemo dat exception
void title
buyer gets no title at all
Cundy v Lindsey -
not face to face, identity of the party is of some particular significance assumed
sale by a buyer in possession after sale
s9 FA and s25 SGA
allows person who possesion and has bought or agreed to buy them, to pass good title to a 3p even though he has no such title to pass
apply only where buyer in possession of goods or docs of title with consent of the seller
post withdrawl immaterial
possession before delivery or transfer of goods or docs of title :warning:
constructive delivery :check:
sale as a MA - acting in a way a MA would normally be expected to act
voidable contract
title may transfer to innocent buyer even where original owner had managed to avoid the rogue's title before the sales
Newtons of Wembley v Williams
National Employers' Mutual General Insurance Association v Jones
not apply where agent was entrusted with the docs or goods by the thief or even a purchaser from a thief.
owner does not entrust his goods to a thief
Nemo dat quod non habet
no one gives who posses not
seller only sell if he himself owns goods or has right to sell them
Exceptions
SGA 1979
s21(1)
unpaid seller right to lien or retention or stoppage in transit not affected by any sale or other disposition of the goods which the B may have made, unless the seller has assented to it
Estoppel
owner by his conduct precluded from denying the seller's authority to sell
merely giving possession of goods to 2p will not amount to representation that 3p owner or has right to sell them
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other forms
Powell v Willshire
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only where goods are sold not apply to incomplete agreements to sell
Shaw v Commissioner of Police of Metropolis
not relied to his prejudice as he had not paid the price
Factors Act 1889
Sale by Merchaantile Agent
s1(1)
a MA mean a MA having in the ordinary course of his business as such agent authority either to sell goods or to cosign goods for purpose of sale, or to buy goods, or to raise money on security of goods
owner
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Hire Purchase Act 1964
s8 FA and s24 SGA
sale by seller in possession after sale
remaining in possession after sale and then sell to another buyer
its effect as he was expressly authorised to do so
continuity of actual possession not the original capacity - privy council
disposition must be transfer of property in the goods and not mere transfer of possession
seller in possession can give good title to B even though possession is without the consent of the original buyer
Sale of a vehicle acquired on a hire purchase
Hire Purchase Act 1964
s27
bona fide purchaser of a motor vehicle from a person in possession under a HPA or conditional sales agreement obtains title to the vehicle even though the seller has no title himself
only creditor's title passea
so if creditor has no title himself he cannot pass any title further e.g theft
only apply to motor vehicles
has possession as hirer under HPA or purchaser under CSA before sale compulsory
disposition = transfer in return for money
only apply to pass title to a private purchaser
must be first private purchaser who buys in good faith without notice of HPA or CSA
must either be purchaser or hirer under HPA
seller still liable under civil or criminal provisions for making the sale
Special powers of Sale
s21(2)(b)
miscellaneous situations covered