Tu la pasal

Saturday, May 13, 2006

finding nemo dat quod non habet

Today I was got stuck with two nemo... first anak aku, sufyan... nak layan Finding Nemo... seriously, 3 round (pagi, petang dan malam) in one day... and the second one is with my assignment with this phrase nemo dat quod non habet. No need to elaborate further on Finding Nemo kan... sebab semua orang mesti dah tengok... Let me walk you to the world of law... to a place called SOGA (Sales of Good Act.)... not SOGO shopping paradise.... and to the Section 27

Now here is the story...

Common law rule says that nemo dat quod non habet is ‘No one can give a better title than he has himself’. It is stated under the Section 27 Sales of Goods Act: ‘…where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had..’. This is to protect the ownership so that if goods are stolen & subsequently sold, the right of the original owner is retained. The buyer has no ownership on the goods even though he is a bona fide purchaser for value without notice

The exceptions of the nemo datquod non habet are:

1) Estoppel - Section 27 - where the owner, by his conduct makes it appear to the buyer that the person who sells the goods has his authority to do so and the buyer relies on that conduct, the buyer obtains a good title because the owner is precluded by his conduct from denying the seller’s authority to sell.

2) Sale by mercantile agent - The proviso to section 27, Sales of Good Act provides that sale by mercantile agent, with the consent of owner in possession of goods or of a document of title to the goods, any sale made by him when acting in the ordinary course of business of a mercantile agent shall be as valid as if he were expressly authorized by the owner of the goods to make the same. However, the buyer must have acted in good faith and at the same time of the contract of sale, had not received notice that the seller has no authority to sell.

3) Sale by one of joint owners - Section 28 provides that if one of several joint owners of goods has the sole possession of the goods by permission of the co-owners, the property in the goods is transferred to any person who buys them from such joint owner in good faith & has not at the time of the contract of sale, notice that the seller has no authority to sell.

There are another 3.... enough with these 3.... yg ni pun dah pening... tu la pasal...