Narrate the Latin maxim “Nemo dat quod non habet” and its exceptions in sale of Goods Act 1930.
A sells certain goods to B and promises to deliver the goods on the next day. But before delivery A sells and delivers the goods to C who buys those in good faith and without knowledge of the prior sale to B.
Explain B’s remedy in such circumstances.
A, B and C are three brothers who owned a 3-story building, each of them agreed to share a floor. The building was constructed by the supervision of A, who had a general power of attorney given by B and C. A, B and C contributed equally to the construction of the property.
C was staying abroad and was supposed to occupy his flat at a later date. Meanwhile A sells C’s flat to X by virtue of the general power of attorney.
Give your comments
