Nemo dat quod non habet - sales of goods, Business Law and Ethics

Nemo Dat Quod Non Habet - Goods

Therefore another common law maxim such applies to sale of goods is like "nemo dat quod non habet": whether a person cannot give such he does not have. Conversely this maxim has been incorporated in every contract of sale of goods with s.23, such provides that "whether goods are sold through a person that who is not the owner thereof and that who does not sell them regards the consent or authority of like the owner, the buyer acquires never better title to the goods so the seller had".

However this principle was developed through the common law courts to protect the interest of such the true owner of the goods.  Since it was the case in like Cundy v Lindsay & Co.

Illustration of the conflict between such the interests of the owner and such the bonafide purchaser was enutiated through Lord Denning in Bishopsgate Motor Finance Corporation v Transport Brakes Ltd there.

Subsequently, the goods had been obtained through fraud and through the seller had a voidable title thereto, whether the buyer would acquire such a voidable title even whereas he was not aware of the fraud. Whether as the seller had a valid title and so the buyer would get a valid title there.

Posted Date: 1/31/2013 5:04:58 AM | Location : United States

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