1977 Ed.]
Sale of Goods
i
[CAP. 26
11
Provided that where delivery has been delayed through the fault of either seller or buyer, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault:
Provided, also, that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.
Transfer of title
23. (1) Subject to the provisions of this Ordinance, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
(2) Provided, also, that nothing in this Ordinance shall affect-
(a) the provisions of the Factors Ordinance, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or (Amended, 8 of 1912, s. 47)
(b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction.
24. (1) Where goods are openly sold in a shop or market in the Colony, in the ordinary course of the business of such shop or 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.
(2) [Deleted, 58 of 1977, s. 7]
Sale by person
not owner,
(Cap. 48.)
Market overt.
Sale under
25. When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
26. [Repealed, 21 of 1970, s. 35]
27. (1) Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Seller or buyer in possession after sale.