Transfer of ownership

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