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Week 4 Title to Personal Property - Coggle Diagram
Week 4 Title to Personal Property
Establishing Title to Goods
Basic Principle
Protecting Ownership (
Nemo dat
)
Nemo dat quod non habet
(no one can give (transfer) what they do not have)
a person gets no better title than the transferor to that person had in relation to the title to goods
title binds all the world
Exceptions to the rule
Land
Constructive Notice
was a major equitable principle but has been modified by today's Torrens system
Personal Property
Objective test of honesty
Main ones
transactions by mercantile agents
(or Factor)
4 more items...
disentitling conduct by the owner
3 more items...
Other exceptions
Larceny
1 more item...
Voidable title
1 more item...
Buyer remains in possession
2 more items...
Seller remains in possesion
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Protecting Security of Transactions
guarantee of registered title-indefeasibility
rules for competing priorities
Rights in Money
Banco de Portugal v Waterlow and Sons Ltd
[1932] AC 452 House of Lords
Virtual Property
Legislation
Factors Act 1892
(Qld) s 3
Sale of Goods Act 1898
(Qld)