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

Market Ouvert

  • 08-02-2013 11:21pm
    #1
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭


    Is this still valid in Irish Law?

    Do any of the markets still exist?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Market Overt is still law in Ireland, but there is call for its abolition. In England, the concept had been criticised as a 'thieves charter'.

    According to this article, the old Prussia Street Cattle Market was held to be a market overt, but it seems that there is no list of markets overt in Ireland.
    Third Exception: Market Overt
    7.16. By a long established exception to the nemo dat rule, derived from the lex mercatoria, section 22(1) of the 1893 Act provides:
    Where goods are sold in market overt, 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.

    Accordingly, the sale must take place in an open, public, and legally constituted market, established by Royal Charter, statute or custom. Though Irish case law on the point is scant, it has been held that the old Prussia Street cattle market in Dublin was a market overt. A list of such markets overt does not exist for consultation; the question as to whether a particular market qualifies or not can be addressed accordingly only in the context of a dispute in relation to a sale in that market.

    There is an article by Fidelma White on the issue of the reform of sale of goods law, (2012) 19(2) CLP 23. It discusses the merits of abolition of the market overt exception to the Nemo Dat rule.


  • #3
    ThreeLineWhip
    Closed Accounts Posts: 473 ✭✭ThreeLineWhip


    Do the Gardaí not have a list of these places that fences have wet dreams over?


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    ThreeLineWhip wrote: »
    Do the Gardaí not have a list of these places that fences have wet dreams over?

    The Nemo Dat rule is that no man can give what he does not have. Therefore, if he has no title to goods, he cannot pass on pass on good title, according to the rule. However, there are a number of exceptions to the Nemo Dat rule, and one of them is that when the someone purchases goods in market overt between certain hours, he gets good title to those goods.

    A market can only be found to be a market overt by a court. It seems that this has not happened in respect of most markets in Ireland. Therefore, there is no list of markets overt.

    If the Gardai know likely places to look for stolen goods, even if that may include markets, it is a separate matter.


Advertisement