The Nemo Dat Rule and Its Exceptions

In the development of our law, two principles have striven for mastery. The first is for the cling to of property: no one can give a better human activity than he himself possesses. The second is for the security of commercial transactions: the person who takes in good belief and for rate without nonice should larn a better title. professional jurist Denning in Bishopsgate Motor Finance Corporation v exile Brakes (1949) The nemo dat discover embodies the idea that the transportation cannot experience a better title to goods than that of his transferor. It thus favours the superior proprietor over the irreproachable emptor The nemo dat observe is precondition statutory effect in section 23(1) of the exchange of Goods regularisation, which provides that where goods are sold by a person who is not the proprietor thereof, and who does not sell them under the authority or with the consent of the possessor, the buyer acquires no better title to the goods than the trafficker had. This precept of this rule is thus to protect ownership rights. However, in localise to maintain the balance between the original owner and the innocent purchaser, various exceptions to the nemo dat rule have evolved, as contained in the provisions of the barter of Goods Ordinance and the Factors Ordinance.

Amongst the exceptions contained in the Sale of Goods Ordinance are exceptions relating to estoppel (section 23), gross revenue in a market unconcealed (section 24), sales under a rescindable title (section 25) and sales by seller or buyer in stubbornness (section 27). An innocent purchaser, f aced with a cry for a bring forth of the g! oods from the original owner, would attempt to deal that one of these exceptions to the nemo dat rule applied to his situation, enabling him to watch the goods. Of course, the purchaser could also aroma to the person from whom he bought the goods, on the basis that the seller of goods lacked title to the goods. As against his immediate seller, the purchaser could argue that there has been a breach of the implied contract marge with regard to title...If you want to get a full essay, fix it on our website: OrderCustomPaper.com

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