795943
Transfer of ownership
- 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
- Constructive delivery
- Delivery and actual intention
- Actual delivery
- Actual delivery
- Transit by ship: A hand to B the bill of landing
- Symbolic delivery
- Symbolic delivery
- A in civil possession either actual delivery to B
or instructed to hold for the benefit of B
- 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.17 Retention of title: Armour v Thyssen: std
security not created until actual possession
- s.25 good faith
- s.16 - 18 Rules of transfer
- Sale of Goods Act 1979
- Donation and exchange
- 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
- if no intimation the assignation - not completed
- 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
- personal bar
- Situations where original title is given or transferred
- 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
- 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
- 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
- Narrow exception: the bad faith of the grantee is punished in limited circumstances
- Corporeal moveables
- Default rule: risk will pass with ownership SGA s.20
- 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
- existence of the right being assigned
- 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,}
- Valid title to the buyer
- Exception for the rule penalising private knowledge of a prior right
- Exceptions to the nemo dat
- VOIDABLE= valid until is set aside
- A does not own the property - void title
- Assignation {writing not required}
- Transfer
- Acquisition
- Derivative: from an existing owner
- Original: without previous ownership
- Derivative: from an existing owner
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