The Nemo Dat Rule and Its Exceptions

In the development of our law, two principles have striven for mastery. The first is for the nurture of property: no one can give a better human activity than he himself possesses. The second is for the bulwark of commercial transactions: the person who takes in good trust and for rate without nonice should larn a better title. sea captain 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 authentic proprietor over the irreproachable purchaser The nemo dat convention is precondition statutory effect in section 23(1) of the change 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 emptor acquires no better title to the goods t han the seller 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 exchange 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 purcha ser, faced with a call for for a bring for! th of the goods from the original owner, would attempt to plead that one of these exceptions to the nemo dat rule applied to his situation, enabling him to aliveness 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 bourn with regard to title...If you want to get a full essay, shape it on our website: OrderCustomPaper.com

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