Sunday, March 7, 2010

Nemo dat quod non habet

By definition, nemo dat quod non habet means where goods are sold by person who is not owner and without the consent of original owner, the buyer acquires no better title than the seller had. It means that the seller will still owned the goods if the goods is sold by third party and the sale of goods is not acknowledged by the seller.
But, there are some exceptions to the rule such as;
- Estoppel
- Sale by merchantile agent in the ordinary course of business, the buyer will obtain good title
- Sale by joint owner
- Sale under voidable title
- Sale by seller in possession after sale
- Sale by buyer in possession

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