Concept Of Title

Question 1

Define: Title

Answer 1

A legal right or claim to the ownership of property.

Question 2

Define: Good title

Answer 2

Legal claim to the ownership of the property.

E.g. buys goods obtained by a deception before title has been voided, then they are entitled to a good title.

Question 3

Sale of property by person who is not the owner.

Answer 3

Section 149 Contract & Commercial Law Act 2017
(1) This section applies if goods are sold by a person who -
(a) is not the owner, and
(b) does not sell the goods under the authority or with consent of the owner.
(2) The buyer acquires no better title to the goods than the seller had, unless the owner, by his conduct, prevents the sellers authority to sell.

Question 4

Define: Voidable title

Answer 4

A title obtained by deception, fraud, duress, or misrepresentation is called voidable title. Meaning that the title can be voided by the seller.
Until the title is voided, the defrauded has voidable title, and can confer good title on anyone who acquires the goods from him in good faith and for value.

Question 5

Sale under voidable title.

Answer 5

Section 151 Contract & Commercial Law Act 2017
(1) This section applies if -
(a) A seller of goods has a voidable title to the goods, but
(b) The sellers title has not become void at the time of sale.
(2) The buyer acquires a good title to the goods if the buyer buys the goods in good faith and without notice of the sellers defect of title.

Question 6

Receiving after restoration to owner.

Answer 6

Section 246(4) Crimes Act 1961
(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 other person, -
A subsequent receiving of it is not an offence.

Question 7

Define: Property in.

Answer 7

Another term for title. A legal right to property.