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The implied conditions and warranties of those contracts of sale of goods and discuss the effect of principle “Nemo Dat Quod Non Habet”.
The principle “Nemo Dat Quod Non Habet” is subject for the common law which is under the General rule section 21(1) Sale of Goods Act 1979 that says:
“21(1) Subject to this Act, where goods are sold by a person who is not their owner, 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, unless the owner of goods is by his conduct precluded from denying the seller's authority to sell.”.
This simply means that in effect of the transaction a person cannot give a better title than the one he/she has (www2.derby.ac.uk). In effect this clause arises in different ideas.
1. Estoppel – a principle of justice and equity in which the person concluded his actions/statements are the truth.
2. Sales by mercantile agent - he possesses the consent of the owner on the transactions.
3. Having the sellers under the owner’s possession – same power with the mercantile agent, but with more direct relationship with the owner.
4. Buyer in possession – can be attributed to the people that the owner known for so long and vice versa.
5. Sales under the voidable title - when the seller of goods has a voidable title to them, but the seller's title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, if they are bought in good faith and without notice of the seller's defect of title.
3.2 Sample Contract
The contract sale of goods provides information such as (1) obligations of the seller, (2) obligations of the buyer, (3) passing of risk, (4) obligations common to both buyer and seller. The ideas in which the seller must deliver the sale of the goods which is relating to the (5) transfer of goods that is also required the contract. Also this contract is an employment contract.