[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-291696-105":59,"doc-detail-291696-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","nemo-dat-common-law-rule-week-6","Nemo Dat - Common law rule - Week 6","","Week 6 notes explain the common law rule of nemo dat: a seller without title or authority can only transfer possession, not a better title. The primary framework is section 27 of the Goods Act, alongside exceptions that protect innocent third parties. The buyer must act in good faith without notice, with the burden of proof for exceptions on the party claiming against the true owner. Key exceptions cover precluding conduct (estoppel), sale by a mercantile agent, voidable title, and sales involving seller or buyer in possession, including discussion of delivery and effect.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/nemo-dat-common-law-rule-week-6/291696/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/nemo-dat-common-law-rule-week-6/291696.png","ImageObject",300,407,{"name":92,"@type":93},"Logic","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-23","2026-09-17",true,{"@type":102,"interactionType":103,"userInteractionCount":44},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the core nemo dat rule under common law and the Goods Act?","Question",{"text":112,"@type":113},"Under nemo dat, no one can give a better title than they themselves possess. A seller without title or authority to sell can only give possession, and the primary rule is found in section 27 of the Goods Act.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What must a buyer show to obtain protection under the nemo dat exceptions?",{"text":117,"@type":113},"The buyer must act in good faith and without notice, meaning the buyer did not know and had no clear notice of the defect in the seller’s title at the time of disposition.",{"name":119,"@type":110,"acceptedAnswer":120},"What types of situations are covered by the main exceptions to nemo dat?",{"text":121,"@type":113},"The notes list exceptions including estoppel/precluding conduct (s 27), sales by a mercantile agent (s 65 and s 67), sale under voidable title (s 29), and sales where the seller or the buyer is in possession (ss 30 and 31).","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},291696,1790072204,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":44,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":29,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144},1099513958762,"https://ap-avatar.wpscdn.com/avatar/1000023916a998db790?x-image-process=image/resize,m_fixed,w_180,h_180&k=1784791008015729253","Week 6  \nCommon law rule: Nemo Dat:  \n􀀐 No one can give a better title than they themselves possess  \n􀀐 A seller without title or authority to sell can only give possession.  \n􀀐 Primary rule on nemo dat is in section 27 Goods Act:  \nExceptions to Nemo Dat to protect innocent third parties  \nGoods Acts 27:  \n􀀐 ...where goods are sold by a person who is not the owner and who does not sell them under 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 the goods is by his conduct precluded from denying the seller's authority to sell.  \n􀀐 Conflicting right of true owner and purchaser – right of ownership vs parties entering contract in good faith  \n􀀐 The buyer must have acted in good faith and without notice, that is:  \n1. Did the buyer know or have clear notice of the defect in the title?  \nExceptions to nemo dat:  \n1. Precluding conduct (estoppel) (s 27)  \n2. Sale by mercantile agent (s 67)  \n3. Sale by person having voidable title (s 29)  \n4. Sale by seller or buyer in possession (ss 30 & 31)  \nBurden of proof for exception of nemo dat – on person making the property claim against the true owner.  \nException 1 – Precluding Conduct (s 27):  \n􀀐 Owner's precluding conduct  \n􀀐 Applies when the true owner has by conduct expressly or impliedly represented that the seller:  \n1. Is the true owner; or  \n2. Has authority to sell (like ostensible authority in agency)  \n􀀐 Circumstances giving rise to estoppel – Traves p.260  \n􀀐 Estoppel may arise in one of two ways: first, by reason of a representation by the true owner that the seller is the true owner or has authority to sell the goods on the owner’s behalf; or second, by negligence on the part of the true owner, which permits the seller to create an appearance of ownership.  \nEstoppel by negligence – entrusting another with possession of goods or documents of title is not per se evidence of authority to sell and does not of itself preclude the true owner from asserting title against a bona fide purchaser.  \nS 27 exception will apply if owner:  \n􀀐 By negligence, shows precluding conduct.  \n􀀐 A representation of authority to sell goods is made by a seller who is not the  \ntrue owner to a buyer, and the true owner owes a duty of care to the buyer, orto a class of persons which includes the buyer; and the true owner; or  \n􀀐 Negligently fails to correct misrepresentation; or  \n􀀐 negligently creates the means by which the seller was able to make themisrepresentation  \nException to nemo dat – Mercantile Agent  \nS 65 – A mercantile agent is an agent who has, in the customary course of his business, authority to either:  \n1. sell goods; or  \n2. consign goods for the purpose of sale; or  \n3. buy goods; or  \n4. raise money on the security of goods or documents of title  \n􀀐 For this exception to apply, mercantile agent must have acted in the same manner as a mercantile agent would have acted had he or she been authorised.  \nS 67: When a mercantile agent is:  \n􀀐 entrusted as such with the possession of any goods or the documents of title to any goods;  \n􀀐 any sale pledge or other disposition of the goods made by him in the ordinary course of business of a mercantile agent  \nConditions:  \n􀀐  is valid as if he was expressly authorised by the owner of goods;  \n􀀐 purchase must have acted in good faith and does have notice at the time of the disposition that the mercantile agent lacked authority (in other words, title will pass)  \n􀀐 Goods must be 'entrusted' to the mercantile agent 'as such' – Lowther v Harris (1962) 1 KB 393  \n􀀐 Entrustment – Goods must have been given to the mercantile agent by the true owner or someone authorised by the true owner  \n􀀐 Exception does not apply where agent received possession from a thief.  \n􀀐 As such – goods must be entrusted for a purpose in some way connected with the agent's business as a mercantile agent.  \n􀀐 Agent must act in ordinary course of business and buyer must act in good faith a","cbCaigKATJ0L2NVE","https://ap.wps.com/l/cbCaigKATJ0L2NVE","pdf",271638,"English","# Common law rule: Nemo Dat\n## Primary rule under Goods Act section 27\n## Good faith and no notice requirement\n## Exceptions to nemo dat\n### Precluding conduct (estoppel)\n### Mercantile agent (sections 65 and 67)\n### Voidable title (section 29)\n### Seller in possession (section 30)\n### Buyer in possession (section 31)\n## Delivery under the Goods Act\n## Summary of nemo dat","[{\"question\":\"What is the core nemo dat rule under common law and the Goods Act?\",\"answer\":\"Under nemo dat, no one can give a better title than they themselves possess. A seller without title or authority to sell can only give possession, and the primary rule is found in section 27 of the Goods Act.\"},{\"question\":\"What must a buyer show to obtain protection under the nemo dat exceptions?\",\"answer\":\"The buyer must act in good faith and without notice, meaning the buyer did not know and had no clear notice of the defect in the seller’s title at the time of disposition.\"},{\"question\":\"What types of situations are covered by the main exceptions to nemo dat?\",\"answer\":\"The notes list exceptions including estoppel/precluding conduct (s 27), sales by a mercantile agent (s 65 and s 67), sale under voidable title (s 29), and sales where the seller or the buyer is in possession (ss 30 and 31).\"}]","Nemo Dat - Common law rule - Week 6 | PDF",1789646488,15]