Title Flashcards
(12 cards)
Define “Title”
a right or claim to the ownership of property.
Simply, a legal right to property
Section 149 - Sale by person who is not owner
Section applies if goods are sold by a person who is:
- not the owner and
- does not sell the goods under the authority or with consent
The buyer acquires no better title to the goods that the seller had, unless the owner of the goods is by the owners conduct precluded from denying the sellers authority to sell
Material difference between theft and obtaining by deception
A thief never gets title. However, a person, who by deception or other deceit, includes another to hand over the goods, title will pass
What is a ‘voidable title’?
A title obtained by deception, fraud, duress or misrepresentation is called a ‘voidable title’. This means that the title can be voided by the seller.
Can the defrauder pass voidable title to another?
Until the title is voided, the defrauder has voidable title, and can confer good title on anyone who acquires the goods for him or her in good faith and for value
Example of a sale under voidable title:
The complainant believes an altered gift card given to him to be good and valuable, so he is happy to hand over not only possession of the goods but title to them as well. The result is that the offender obtains title, albeit a voidable title
Section 151 Contract and Commercial Law Act 2017 - Sale under voidable title
Where the seller of goods has a voidable title thereto, but his title has not been voided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith
Where B has voidable title but A has not taken steps to void B’s title before B sold it to C, C keeps good title
Section 152(2) Contract and Commercial Law Act 2017 - Revesting of property in stolen goods on conviction of offender
Even if B is convicted for this fraud, C does not lose title to the vehicle, pursuant to 151
Searching for vehicle/returning stolen property. How can police search?
Can search under S & S (SW and warrantless) but should only search to look for and seize evidential material, not to assist in civil matters
Section 246(4) Crimes Act Receiving after restoration to owner (Legal title)
If
a) any property stolen has been returned to the owner or
b) legal title to the property has been acquired by any person
a receiving of it is not an offence, even though the receiver may know the property was previously stolen
What is the effect of Section 246(4) - Receiving after restoration to owner
A person who in circumstances be a ‘receiver’, cannot be convicted of receiving from a fraudulent offender who has voidable title to goods dishonestly obtained by means of a deception
What if the title has been voided under Section 246(4)?
If title is already voided by a complainant leaving the fraudulent offender with mere possession only then a ‘legal title’ has not been acquired within the meaning of the section and receiving of the goods is an offence
