Tuesday, September 8, 2009

Sale by non-owners.

Sale by non-owners:

The general rule of law is that “no one can give that which one has not got”. This is expressed in latin maxim “nemo dat qut non habet”.

Exceptions:

1.sale by a person not the owner or title by estoppels.where the owner by his contract or by an act or omission.

2.sale by a mercantile agent: a mercantile agent is one who, in the customary course of his business, has, as such agent authority either to sell goods.

3.sale by one of several joint owners: if one of the several joint owners who is in sole profession under a voidable contract.

4.sale by a-person in possession under a voidable contract: when the seller a goods has obtained their possession under the other co-owners sells the goods.

5.sale by seller in possession after sale: where the seller having sold the consent of the seller, possession of the goods or documents.

6..sale by an unpaid seller: where an unpaid seller who has excercised his right of lien or stoppage in transit re-sults the goods, the buyer acqiuers a good title the original buyer.goods, continues to be in possession of the goods or of the documents of title to the goods and sells them either himself or through a mercantile agent.

7..sale by buyer in possession after having bought or agreed to buy goods: where a person, having bought or agreed to buy goods, obtained with

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