Explain the exceptions to the “nemo dat” rule

  • Estoppel: Where the true owner holds out another person as owner and third parties rely on the representation to their detriment.
  • Sale by factor or mercantile agent: Such a sale passes a good title.
  • Resale by seller in possession: this exception is embodied in section 26 (1).
  • Sale by buyer in possession: this exception is contained in section 26 (2) of the Act.
  • Sale under voidable title: a seller with a voidable title sells before his title is voidable.
  • Sale under statutory power: a sale made in exercise of a statutory power.
  • Sale under common law power: a sale made in exercise of a common law power.
  • Sale by court order: a sale made pursuant to an order of a court of competent jurisdiction.
  • Sale in market overt: this is an open, public and legally constituted market.

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