Metrics

  • visibility 341 views
  • get_app 153 downloads
description Journal article public Journal of International Commercial Law and Technology

Appraising the Market Overt Exception

Ji Lian Yap
Published 2008

Abstract

Under what circumstances can a sale of goods by a person, who is not the owner ofthe goods, nonetheless confer good title on the purchaser? The common law rule “nemo dat quodnon habet” embodies the principle that the transferee of goods cannot get better title than that of thetransferor. In other words, if goods are sold by a person who does not have title to the goods (forexample, because he had obtained the goods by theft), then he would be unable to pass title to asubsequent purchaser since he did not have title to begin with. The nemo dat rule thus protects thetrue or original owner of goods. One of the exceptions to this rule under the Hong Kong Sale ofGoods Ordinance is the market overt exception, which seeks to protect innocent purchasers. Thisarticle first considers the meanings of and rationales behind the nemo dat rule and the market overtexception respectively. Problems with the existing market overt exception will next be discussed. Asuggestion will then be made that the market overt exception be replaced with a rule that protectsinnocent buyers who deal as consumers and who have purchased goods from shops or markets inHong Kong.

Full text

 

Metrics

  • visibility 341 views
  • get_app 153 downloads