Concept of Title

Question 1

Title

Answer 1

A right or claim to the ownership of property.

Question 2

Voidable Title

Answer 2

A Title obtained by deception, fraud, duress or misrepresentation. This Title can be voided by the seller.

Thus if a innocent purchaser buys goods obtained by deception, before Title has been voided, then he or she is entitled to good Title. Section 25 Sales of Goods Act 1908.

Question 3

How to avoid a Voidable Title

Answer 3

• Communication with the offender
• Take all other possible steps to bring it to the offender’s notice, e.g. writing letter
• Advise the police of the incident.

Question 4

Section 246(4) Crimes Act 1961

Answer 4

Receiving after restoration to owner:
(4) If

(a) any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
(b) legal title to any such property has been acquired by any such person, -

a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.