A Popular Handbook of the Commercial Law of Scotland

Cover A Popular Handbook of the Commercial Law of Scotland
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Hence the buyer was not liable for the price.
The reasoning of the Court in this case has been criti- cised on the ground that " the subsequent death of the horse, even if caused by the vice against which warranty was given, could not of itself turn an unconditional sale into a conditional one, or re-transfer the risk to the seller while leaving the property with the buyer, " and it is suggested that the buyer's proper remedy was under section 53 for the seller's breach of warranty (Brown on Sa
...le of Goods, 1911 edition, p. 54).
TRANSFER OF TITLE (sections 21-26). Where a person, who is not the owner, sells goods without the authority or consent of the owner, the buyer acquires no title to the goods.
If stolen goods have been purchased for value, the true owner can reclaim his property from an innocent pur- chaser. In England the rule is subject to the exception that where goods are sold in " market overt, " i. E. , open and public market, according to the usage of the market, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller.


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