The fundamental rule of Sales of Goods Act?

Question

"Nemo dat quod non habet"

Answer 1

The fundamental rule is "No one can give what he has no got"

Section 27, Sale of Goods Act :

"... 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..."

That's refer to the maxim "Nemo dat quod not habet" which means "no one can give a better title than he himself"

Answer 2

Nemo dat quod non habet was English law long before the Sale of Goods Act! Subject, of course, to market overt etc

Answer 3

Nemo dat quod non habet - no one can give what they do not have.

if you don't own the goods (e.g. a hire car) then you can't sell it.

So if somebody 'buys' a car from you and it turns out not to have been yours (say a hire company's) then that person has no right to the car... it's still owned by the hire company. The 'buyer' has no recourse to the hire company

Answer 4

Not forgetting caveat emptor, of course.....