Which section of the Sale of Goods Act, 1930 embodies the general rule nemo dat quod non habet (no one…
The Latin maxim Nemo dat quod non habet ('no one can give what he does not have' / no one can transfer a better title than he himself possesses) is codified in Section 27 of…
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Which section of the Sale of Goods Act, 1930 embodies the general rule nemo dat quod non habet (no one can give what they do not have)?
Answer and explanation
Correct answer A
The Latin maxim Nemo dat quod non habet ('no one can give what he does not have' / no one can transfer a better title than he himself possesses) is codified in Section 27 of the Sale of Goods Act, 1930 ('Sale by person not the owner'). Section 27 provides that where goods are sold by a person who is not the owner thereof, 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 of the goods is by his conduct precluded from denying the seller's authority to sell (or the sale falls within one of the statutory exceptions in the proviso to Section 27 or Sections 28–30).
Option feedback
Option A
Correct. Section 27 of the Sale of Goods Act, 1930 ('Sale by person not the owner') embodies the general rule of the Latin maxim nemo dat quod non habet: subject to the provisions of the Act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof, 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.
Option B
Incorrect. Section 29 of the Sale of Goods Act, 1930 ('Sale by person in possession under voidable contract') is an exception to the nemo dat rule, not the section stating the general rule.
Option C
Incorrect. Section 26 of the Sale of Goods Act, 1930 deals with 'Risk prima facie passes with property' (res perit domino), not transfer of title by a non-owner.
Option D
Incorrect. Section 28 of the Sale of Goods Act, 1930 ('Sale by one of joint owners') is one of the statutory exceptions to the nemo dat rule, whereas the rule itself is contained in Section 27.
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