TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

APPARENT OWNERSHIP [1 record]

Record 1 2012-09-25

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
CONT

The "Sale of Goods Act" expressly provides that the doctrine "nemo dat quod non habet" shall not apply if "the owner of goods is by his conduct precluded from denying the seller's authority to sell". This would seem to mean that the owner will be estopped from raising his ownership where the seller has been given the appearance of acting as the owner's agent. However, it would seem clear from the cases that the principle of estoppel is not confined to instances of apparent or ostensible agency but may extend to cases of apparent or ostensible ownership on the part of the seller of the goods, where such appearance results from the conduct of the true owner. (Fridman, Sale of Goods, p. 133)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

propriété apparente : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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