The Cambridge Law Journal · 2008 · 63 citations · 0 references
LawJurisprudencePrivate LawAdverse PossessionConflict Of LawsNegligenceDelivery ObligationsExclusive PossessionPassing Of TitlePossession RightsSeller LiabilityAcquisition Of PossessionAssignment Of TitleDelivery Of PossessionPossession ConflictsPossession PriorityTitle Acquisition By PossessionTitle To Property
The dilemma facing the law when two innocent parties have suffered at the hands of a wrongdoer is well known and arises acutely in the context of the sale of goods. Typically, in the classic simple three party situation: the owner of goods either gives goods to or has goods stolen by a rogueseller who purports to sell them to an innocent third party buyer. Both the owner and buyer of the goods may well have a personal claim against the seller, but if the seller has either disappeared or has no money that personal claim may well be worthless. As a result, the question of who is entitled to the goods themselves is likely to determine which party will suffer as a result of the seller's actions. The crucial issue is who in this situation is entitled to the goods: this is a question of conflict of title or priority. Who has a better title to the goods, the owner or the buyer?