“No seller can give better title then he himself has”- state the exception to this general rule.
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Answers
Transfer of title means transfer of ownership of the goods. The general rule as to transfer of title is that only the owner can transfer a good title. No one can give a better title than he himself has. This rule is expressed by the maxim “Nemo dat quad non habet” which means that no one can give what he himself has not’. In other words, seller cannot give to the buyer of the goods a better title to those goods that he has himself given. Therefore if a person acquires possession of property by theft and sells it to another, the buyer acquires no title even if has. acted honestly and had paid the price. The general rule aims at protecting the interest of the true owner and is deemed necessary in the larger interest of the society.
Answer:
Transfer of title means transfer of ownership of the goods. The general rule as to transfer of title is that only the owner can transfer a good title. No one can give a better title than he himself has. This rule is expressed by the maxim “Nemo dat quad non habet” which means that no one can give what he himself has not’. In other words, seller cannot give to the buyer of the goods a better title to those goods that he has himself given. Therefore if a person acquires possession of property by theft and sells it to another, the buyer acquires no title even if has. acted honestly and had paid the price. The general rule aims at protecting the interest of the true owner and is deemed necessary in the larger interest of the society.
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