ICANBusiness LawSale of Goods and Hire Purchase2023

Under the Sale of Goods Act 1893, which of the following scenarios represents a recognized statutory exception to the general rule of 'nemo dat quod non habet' (no one can give what he does not have)?

AA sale of goods by a pledgee before the pledge agreement expires and without any default by the pledgor
BA sale made by a mercantile agent acting in the ordinary course of business who is in possession of the goods with the owner's consentCORRECT
CA sale of stolen goods by a thief to an innocent purchaser outside a market overt
DA sale of found property by a finder who made no reasonable attempt to locate the true owner
AI
Toaster Teacher
Why the answer is B, and why the others tempt you.
Under Section 2(1) of the Factors Act 1889 (and Section 21 of the Sale of Goods Act 1893), a sale by a mercantile agent who is in possession of goods with the consent of the owner transfers good title to a purchaser acting in good faith without notice. This is a classic statutory exception to the nemo dat rule.
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