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5 The Seller’s Duty and Power to Transfer Title

From: The Sale of Goods (4th Edition)

M G Bridge

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 January 2023

Applicable law and transfer of title — Contract and transfer of title

This chapter is divided into two parts. First, it deals with the contractual relations of seller and buyer and the scope of the title to the goods that under section 12 of the Sale of Goods Act the seller is obliged to invest in the buyer. Second, it deals with the various circumstances in which a seller of goods, lacking the right to sell them to the buyer, has yet the power to override the superior title of a third party by the act of transferring the goods to the buyer. The disparate circumstances in which a seller can achieve this amount to a substantial inroad into the rule of nemo dat quod non habet that no one can transfer a better title than the one that he himself has.

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