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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. This is known as:
- a)Caveat Emptor
- b)Nemo Dat Quod Non Habet
- c)Risk prima facie passes
- d)None of these
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Where goods are sold by a person who is not the owner thereof and who ...
- The correct answer is B: Nemo Dat Quod Non Habet.
- This Latin phrase means "no one gives what they do not have."
- It indicates that a seller cannot transfer a better title to goods than they themselves possess.
- If a non-owner sells goods without the owner's consent, the buyer cannot obtain ownership rights.
- This principle protects property rights, ensuring only rightful owners or authorized sellers can convey full title.
- This Latin phrase means "no one gives what they do not have."
- It indicates that a seller cannot transfer a better title to goods than they themselves possess.
- If a non-owner sells goods without the owner's consent, the buyer cannot obtain ownership rights.
- This principle protects property rights, ensuring only rightful owners or authorized sellers can convey full title.
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Where goods are sold by a person who is not the owner thereof and who ...
Understanding the Concept
The principle described in the question pertains to property law and is encapsulated in the Latin maxim "Nemo Dat Quod Non Habet," which translates to "No one gives what they do not have." This principle emphasizes that a seller cannot transfer a better title to goods than they themselves possess.
Key Points of the Principle
- Non-Ownership Sales: When an individual sells goods that they do not own and lack the owner's authorization, the buyer's rights to those goods are limited.
- Title Transfer Limitations: The buyer acquires no greater title than what the seller had. If the seller had no right to sell the goods, the buyer cannot claim ownership.
- Legal Implications: This principle protects the rights of the actual owner, ensuring that ownership cannot be transferred by someone who does not possess it.
Contrast with Caveat Emptor
- Caveat Emptor: This is another principle meaning "Let the buyer beware," which emphasizes the buyer's responsibility to examine the goods before purchase. However, it does not negate the impact of "Nemo Dat Quod Non Habet."
Real-World Application
- Thievery and Fraud: If someone steals an item and sells it to an unsuspecting buyer, the buyer has no legal claim to that item because the seller (thief) had no title to sell.
- Importance in Transactions: Understanding this principle is crucial for buyers and sellers in commercial transactions to avoid potential legal disputes regarding ownership.
In summary, option 'B' is correct as it captures the essence of this legal principle, emphasizing that without ownership or authorization, the seller cannot pass valid title to the buyer.
The principle described in the question pertains to property law and is encapsulated in the Latin maxim "Nemo Dat Quod Non Habet," which translates to "No one gives what they do not have." This principle emphasizes that a seller cannot transfer a better title to goods than they themselves possess.
Key Points of the Principle
- Non-Ownership Sales: When an individual sells goods that they do not own and lack the owner's authorization, the buyer's rights to those goods are limited.
- Title Transfer Limitations: The buyer acquires no greater title than what the seller had. If the seller had no right to sell the goods, the buyer cannot claim ownership.
- Legal Implications: This principle protects the rights of the actual owner, ensuring that ownership cannot be transferred by someone who does not possess it.
Contrast with Caveat Emptor
- Caveat Emptor: This is another principle meaning "Let the buyer beware," which emphasizes the buyer's responsibility to examine the goods before purchase. However, it does not negate the impact of "Nemo Dat Quod Non Habet."
Real-World Application
- Thievery and Fraud: If someone steals an item and sells it to an unsuspecting buyer, the buyer has no legal claim to that item because the seller (thief) had no title to sell.
- Importance in Transactions: Understanding this principle is crucial for buyers and sellers in commercial transactions to avoid potential legal disputes regarding ownership.
In summary, option 'B' is correct as it captures the essence of this legal principle, emphasizing that without ownership or authorization, the seller cannot pass valid title to the buyer.
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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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer?
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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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer? for CA Foundation 2025 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about 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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer?.
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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer? for CA Foundation 2025 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about 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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CA Foundation 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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. This is known as:a)Caveat Emptorb)Nemo Dat Quod Non Habetc)Risk prima facie passesd)None of theseCorrect answer is option 'B'. Can you explain this answer?.
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