The Nemo Dat Rule and Its Exceptions

In the development of our law, two principles have striven for mastery. The first is for the comfort of property: no one can give a better human activity than he himself possesses. The second is for the egis of commercial transactions: the person who takes in good religious belief and for rate without nonice should larn a better title. headmaster jurist Denning in Bishopsgate Motor Finance Corporation v exile Brakes (1949) The nemo dat discover embodies the idea that the transfer of training cannot experience a better title to goods than that of his transferor. It thus favours the pilot burner proprietor over the irreproachable vendee The nemo dat command is precondition statutory effect in section 23(1) of the sales event 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 vendee acquires no better title to th e 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 voidable title (section 25) and sales by seller or buyer in stubbornness (section 27). An innoc ent purchaser, faced with a look at for a ! bring forth of the goods from the original owner, would attempt to manage that one of these exceptions to the nemo dat rule applied to his situation, enabling him to mention 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 verge with regard to title...If you want to get a full essay, golf-club it on our website: OrderCustomPaper.com

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