English Law
The original owner can obtain protection against the former owner through the doctrine of estoppel (see also, s 21(1) of the Sale of Goods Act 1979 '...unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell). Methods of the estoppel can be by words, by conduct, or by negligence.
Estoppel by words, or representation by the original owner through words that he is the true owner or has the owner's authority to sell:
- Henderson & Co v Williams 1 QB 521
- Shaw v Commissioner of Metropolitan Police 1 WLR 1332, following Henderson
Estoppel by conduct:
- Farquharson Bros v C King & Co Ltd AC 325
- Mercantile Bank of India Ltd v Central Bank of India AC 287, upholding Farquharson
- Central Newbury Car Auctions Ltd v Unity Finance Ltd 1 QB 371
Mistake about identity:
- Shogun Finance Ltd v Hudson UKHL 62
Read more about this topic: Nemo Dat Quod Non Habet
Famous quotes containing the words english and/or law:
“There being in the make of an English mind a certain gloom and eagerness, which carries to the sad extreme; religion to fanaticism; free-thinking to atheism; liberty to rebellion.”
—George Berkeley (16851753)
“The most absurd apology for authority and law is that they serve to diminish crime. Aside from the fact that the State is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.”
—Emma Goldman (18691940)