Sunday, April 18, 2010

Nemo Dat Quod Non Habet

Nemo Dat Quod Non Habet

goods are sold by a person who is not the owner and without the consent of the original owner, the buyer acquires no better title than the seller had. However, there are exceptions to the rules.

  1. Estoppel - A rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper.
  2. Sale by mercantile agent in the ordinary course of business, the buyer will obtain good title.
  3. Sale by joint owner.
  4. Sale under a voidable title - the buyer will obtain good title if he buys in good faith and without notice of seller's defect of the title.Sale by seller in possession after sale.Sale by buyer in possession.

0 comments:

Post a Comment