In Bishopgate Motor Finance Corporation Ltd v Transport Brakes Ltd.

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Description

In Bishopgate Motor Finance Corporation Ltd v Transport Brakes Ltd.

Question

In Bishopgate Motor Finance Corporation Ltd v Transport Brakes Ltd [1949] 1 KB 322 Lord Denning stated that:

“In the development of our law, two principles have striven for mastery. The first is for the protection of property: no one can give a better title than he himself possesses. The second is for the protection of commercial transactions: the person who takes in good faith and for value without notice should get a good title. The first principle has held sway for a long time, but it has been modified by the common law itself and by statute so as to meet the needs of our own times.”

In the light of the above statements, critically evaluate whether the principle of Nemo dat quod non habet strikes an acceptable balance between the original owner of the goods and the innocent purchaser.

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