Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Right to acquire good title

  • 20-07-2009 9:26pm
    #1
    ResDub
    Closed Accounts Posts: 19 ✭


    Trying to do a bit of research into the topic acquiring good title to stolen property i.e B acquires property from A in good faith, sells to C and then it transpires property is stolen. Does C have a claim of right in good faith.

    I know of Uk case law of Examiners’ Report 2005 (R W Jones v National Employees General Insurance Association, [Court of Appeal 1987]).

    Can some one point me in the right direction of similar Irish Case Law.

    Thanks in advance


Comments

  • #2
    the_wheel_turns
    Closed Accounts Posts: 102 ✭✭the_wheel_turns


    ResDub wrote: »
    Trying to do a bit of research into the topic acquiring good title to stolen property i.e B acquires property from A in good faith, sells to C and then it transpires property is stolen. Does C have a claim of right in good faith.

    I know of Uk case law of Examiners’ Report 2005 (R W Jones v National Employees General Insurance Association, [Court of Appeal 1987]).

    Can some one point me in the right direction of similar Irish Case Law.

    I'm not completely sure, but as far as I am aware, C would not, under current Irish Law, have a claim of right in good faith.

    Retention of Title Clause information/relevant case law: http://www.ogradysolicitors.ie/index.cfm/fuseaction/articles.print/id/7823AA10-0D62-4258-A2048788C5B8F9AA

    Not sure if that ^^ will do much good..


  • #3
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    the_wheel_turns wrote: »
    I'm not completely sure, but as far as I am aware, C would not, under current Irish Law, have a claim of right in good faith.

    Retention of Title Clause information/relevant case law: http://www.ogradysolicitors.ie/index.cfm/fuseaction/articles.print/id/7823AA10-0D62-4258-A2048788C5B8F9AA

    Not sure if that ^^ will do much good..

    How can someone retain a title they don't have?

    Without more information a definitive answer cannot be given. It depends on who stole it, where C bought it and much more.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    C does not have title to the property since neither A nor B had title to the goods but only possession to them and therefore could not convey title.

    If however A had title, even if obtained fraudulently, the defense of equity's darling would kick in for C. So for example if A obtained title by fraud, the true owner would have a right to setaside the transaction as against A. If C did not have actual or constructive notice of the fraud, he would have good title.


  • #5
    ResDub
    Closed Accounts Posts: 19 ✭ResDub


    the_wheel_turns wrote: »
    I'm not completely sure, but as far as I am aware, C would not, under current Irish Law, have a claim of right in good faith.

    Retention of Title Clause information/relevant case law: http://www.ogradysolicitors.ie/index.cfm/fuseaction/articles.print/id/7823AA10-0D62-4258-A2048788C5B8F9AA

    Not sure if that ^^ will do much good..



    Thanks for the link i'll have a good read of it.
    gabhain7 wrote: »
    C does not have title to the property since neither A nor B had title to the goods but only possession to them and therefore could not convey title.

    If however A had title, even if obtained fraudulently, the defense of equity's darling would kick in for C. So for example if A obtained title by fraud, the true owner would have a right to setaside the transaction as against A. If C did not have actual or constructive notice of the fraud, he would have good title.


    This is the exact point im trying find any irish case law on.


Advertisement