Legal Answer & Route Examples
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RESEARCH ROUTE FOR LEGAL ANSWER
An assessment which forms part of the Bar Vocational Course
This Research Route was written in connection with a Legal Research Assignment on the laws of agency, bailment, and the sale of goods.SECONDARY SOURCES USED
Paper
Chitty on Contract: Volume II Special Contracts 29th Edition & Supplement (Law up to 31st July 2007) Clerk and Lindsell on Torts: 19th Edition & Second Supplement (Law up to July 2007) Palmer on Bailment (Law up to July 1991. NB although this text is rather old all of the other texts still refer to it, and almost all of the case law relied on in this area of the law predates publication of the book) Benjamin's on Sale of Goods, 7th Edition (Law up to 2006) Blackstone's Civil Practice (2008)
ROUTE
Title
Read Chapter 7 Benjamin's Sale of Goods (p345). Relevant paragraphs: 7-001 to 7-013 and 7-031 to 7-048, regarding nemo dat quod non habet rule and its exceptions. Paragraph 7-001. Mentions section 21(1) of the Sale of Goods Act 1979 (SGA 1979). […]
Custom Legal Answer & Route Example 1
Adobe Acrobat Document (120KB .pdf)
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LEGAL RESEARCH ANSWER AND ROUTE
LEGAL RESEARCH ANSWERMAIN ISSUES
Has title of the caravan passed from Mr Portman to Mr Michael Moorehead (Moorehead)?; In the event that title has passed, what remedies are available to Mr Portman against Grange Garage (GG)?; In the event that title has not passed, what remedies are available to Mr Portman against GG, and is Mr Portman entitled to pick the caravan up from the garage?; Is Mr Portman obliged to pay the £452.00 + VAT to GG?; What is the procedure for bringing any of the above actions, and under this procedure is there a chance that Mr Portman can recover the vehicle before 9th February, when he had been intending to use the vehicle for a family holiday?
LEGAL ANSWERS
Has title of the caravan passed to Moorehead?
The general rule - nemo dat quod non habet
1.The general rule in English law is that a person cannot transfer a better title to goods than he himself possesses. This rule is often referred to by the Latin maxim nemo dat quod non habet. Section 21(1) of the Sale of Goods Act 1979 (SGA 1979) partially sets out this rule in statutory form, stating that "where goods are sold by a person who is not their owner 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."[…]
Custom Legal Answer & Route Example 2
Adobe Acrobat Document (166KB .pdf)
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