Relativity of title and the principle of nemo dat quod non habet

Question 1

Armory v Delamirie (1722) 1 Stra 505

Answer 1

The court ruled in favor of Armory, stating that the finder of a lost item has a superior right of possession over everyone except the true owner.

Question 2

Bishopsgate Motor Finance Corporation Ltd v Transport Brakes Ltd [1949] 1 KB 322

Answer 2

LJ Denning: “In the development of our law, two principles have striven for mastery. The first is for the protection of property: no one can give a better title than he himself possesses. The second is the protection of commercial transactions: the person who takes in good faith and for value without notice should get a good title. The first principle has held sway for a long time, but it has been modified by the common law itself and by statute so as to meet the needs of our own times.”