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Mind map

Transfer of ownership

Terataki English

Mind map on transfer of ownership: corporeal moveables, incorporeal property and acquisition

Mind map: Transfer of ownership

Map content

Transfer of ownership

  1. Corporeal moveables

    • Donation and exchange
      • A in civil possession either actual delivery to B or instructed to hold for the benefit of B
        • Constructive delivery
      • Delivery and actual intention
        • Actual delivery
      • Transit by ship: A hand to B the bill of landing
        • Symbolic delivery
    • Sale
      • Sale of Goods Act 1979
        • s.16 - 18 Rules of transfer
          • s.17 Retention of title: Armour v Thyssen: std security not created until actual possession
        • s.25 good faith
  2. Incorporeal property

    • Transfer
      • Assignation {writing not required}
      • intimation or other act given to the debtor
      • Real rights- by registration or possession
        • if no intimation the assignation - not completed
        • Assignatus utitur jure auctoris
        • Assignation does not worsen the position of the debtor
      • Problems with transfer
        • A does not own the property - void title
        • Fraud or undue influence- voidable
        • 16-18: prejudicial transaction
        • Gift to defeat creditors B(S)A '85 s.34
        • Transfer in breach of obligation not to do so
          • VOIDABLE= valid until is set aside
            • Exceptions to the nemo dat
              • Situations where original title is given or transferred
              • Accretion
              • Involuntary transfers
                • personal bar
                • statutory provisions regarding sale of goods
            • Mercantile agents
              • can pass a title to a purchaser in good faith without notice of their lack of authority if in possession with the owners consent and acting in the ordinary course of Business
            • hire purchase cars
              • h.p. agreement in good faith
            • Invalidity of contract
              • Exception for the rule penalising private knowledge of a prior right
              • Rodger (Builders) Ltd v Fawdry {bad faith}
                • Narrow exception: the bad faith of the grantee is punished in limited circumstances
                • Trade Development Bank v Crittall Windows - court applied bad faith exception but competing rights not correlative
              • Corporeal moveables
                • Default rule: risk will pass with ownership SGA s.20
              • Incorporeal property Guarantee covers
                • existence of the right being assigned
                • cedent's own title to the right
              • Remedies against the transferor- warrandice
                • Valid title to the buyer
                • Title free from encumbrances {except immaterial or known to buyers at date of conclusion of c,}
  3. Acquisition

    • Derivative: from an existing owner
    • Original: without previous ownership

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Description
Mind Map on Transfer of ownership, created by Terataki on 27/04/2014.
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Terataki
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