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Effects of Mistake and Other Defects on the Passage of Legal Title (Paperback)
Loot Price: R2,522
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Effects of Mistake and Other Defects on the Passage of Legal Title (Paperback)
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This book analyses the mechanics of how legal ownership in tangible
movable property is transferred from one person to another and
whether certain kinds of defects, particularly mistakes, may
prevent its passage. Though this area of the law may well be
regarded as a core area of English private law, it has not yet
received much attention in academic literature. It is argued that
English law, on its best interpretation, and contrary to the
traditionally accepted approach, adopts a principle of separation
(i.e. that the underlying contract or other transaction is
notionally distinct from the conveyance of title) and abstraction
(i.e. that the conveyance of title is not dependent on the validity
of the underlying contract or other transaction). This applies for
transfers by delivery, transfers by sale and transfers by deed.
Further, it is very rare for mistakes to prevent the passage of
ownership. In fact, title passes unless the transferor's intention
to transfer property is virtually absent altogether. For this
purpose, an analogy is drawn with the distinctions made in Shogun
Finance Ltd v Hudson.
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