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:
“French rhetorical models are too narrow for the English tradition. Most pernicious of French imports is the notion that there is no person behind a text. Is there anything more affected, aggressive, and relentlessly concrete than a Parisan intellectual behind his/her turgid text? The Parisian is a provincial when he pretends to speak for the universe.”
—Camille Paglia (b. 1947)
“The law hath not been dead, though it hath slept.”
—William Shakespeare (1564–1616)