Nemo dat quod non habet' No one can transfer a better title in property than he himself has'

1
Nemo dat quod non habet. No one can
transfer a better title in property than he
himself has.
2
Sales without title.
3
Two principles are competing at
law 1.     the protection of property
and2.     the protection of commercial
transactions and in particular the person who
takes in good faith.
4
SGA s. 26 (1) Subject to this Act, if
goods are sold by a person who is not the owner
of them, and who does not sell them under the
authority or with the consent of the owner, the
buyer acquires no better title to the goods than
the seller had, unless the owner's conduct
precludes the owner from denying the seller's
authority to sell.
5
29 (1) If goods have been stolen and
the offender is prosecuted to conviction, the
property in the goods stolen revests in the
person who was the owner of the goods, or that
person's personal representative, despite any
intermediate dealing with them, whether by sale
in market overt or otherwise.(2) Despite any
enactment to the contrary, if goods have been
obtained by fraud or other wrongful means not
amounting to theft, the property in the goods
does not revest in the person who was the owner
of the goods, or that person's personal
representative, merely because of the conviction
of the offender.
6
 1.     Estoppel. An estoppel is where a
man is concluded by his own act or acceptance to
say the truth. Coke.
7
"a principle of justice and equity. It
comes to this when a man, by his words or
conduct, has led another to believe in a
particular state of affairs, he will not be
allowed to go back on it when it would be unjust
or inequitable for him to so." Moorgate
Mercantile v Twitchings 1976 1 QB 225, CA at
241 per Lord Denning MR.
8
26 (1) Subject to this Act, if goods are
sold by a person who is not the owner of them,
and who does not sell them under the authority or
with the consent of the owner, the buyer acquires
no better title to the goods than the seller had,
unless the owner's conduct precludes the owner
from denying the seller's authority to sell.
9
2.     Sales by mercantile agent.
10
59 (1) If a mercantile agent is, with
the consent of the owner, in possession of goods
or of the documents of title to goods, any sale,
pledge or other disposition of the goods made by
the mercantile agent when acting in the ordinary
course of business of a mercantile agent is,
subject to this Act, as valid as if the
mercantile agent were expressly authorized by the
owner of the goods to make the sale, pledge or
other disposition, if the person taking under the
disposition acts in good faith, and has not at
the time of the disposition notice that the
person making the disposition has not authority
to make it.
11
(2) If a mercantile agent has, with the
consent of the owner, been in possession of
goods, or of the documents of title to goods, any
sale, pledge or other disposition that would have
been valid if the consent had continued is valid
despite the termination of the consent, if the
person taking under the disposition has not at
that time notice that the consent has been
terminated.
12
3) If a mercantile agent has obtained
possession of any documents of title to goods
because of being or having been, with the consent
of the owner, in possession of the goods
represented by it, or of any other documents of
title to the goods, the agent's possession of the
first mentioned documents is, for the purposes of
this Act, deemed to be with the consent of the
owner.
13
(4) For the purposes of this Act, the consent
of the owner is presumed unless there is evidence
to the contrary.
14
59 (1) If a mercantile agent is, with
the consent of the owner, in possession of goods
or of the documents of title to goods, any sale,
pledge or other disposition of the goods made by
the mercantile agent when acting in the ordinary
course of business of a mercantile agent is,
subject to this Act, as valid as if the
mercantile agent were expressly authorized by the
owner of the goods to make the sale, pledge or
other disposition, if the person taking under the
disposition acts in good faith, and has not at
the time of the disposition notice that the
person making the disposition has not authority
to make it.
15
3.Where you have the sellers in possession.
16
30 (1) If a person having sold goods
continues or is in possession of the goods, or of
the documents of title to the goods, the delivery
or transfer by that person, or by a mercantile
agent acting for that person, of the goods or
documents of title under any sale, pledge or
other disposition of them, or under any agreement
for the sale, pledge or other disposition of
them, to any person receiving the same in good
faith and without notice of the previous sale has
the same effect as if the person making the
delivery or transfer were expressly authorized by
the owner of the goods to make the delivery or
transfer.
17
 4.     Buyer in possession.
18
S. 30 (3) If a person having bought
or agreed to buy goods obtains, with the consent
of the seller, possession of the goods or the
documents of title to the goods, the delivery or
transfer by that person, or by a mercantile agent
acting for that person, of the goods or documents
of title under any sale, pledge or other
disposition of them, or under any agreement for
the sale, pledge or other disposition of them, to
any person receiving the same in good faith and
without notice of any lien or other right of the
original seller in respect of the goods has the
same effect as if the person making the delivery
or transfer were a mercantile agent in possession
of the goods or documents of title with the
consent of the owner.
19
 5.     Sales under voidable title.
20
28 When the seller of goods has a
voidable title to them, but the seller's title
has not been avoided at the time of the sale, the
buyer acquires a good title to the goods, if they
are bought in good faith and without notice of
the seller's defect of title.
21
 6. Market overt.
22
27 (1) If goods are sold in market
overt, according to the usage of the market, the
buyer acquires a good title to the goods, as long
as they are bought in good faith and without
notice of any defect or want of title on the part
of the seller.(2) This section does not affect
the law relating to the sale of horses.
23
Other exceptions in Canada
24
Questions1. What is the apparent aim
of the legislation regarding sales without
title?2. What are the policy justifications for
the six exceptions to the basic rule of nemo dat
quod non habet?