EMERGING TRENDS IN SALE OF GOODS IN NIGERIA: AN EXAMINATION OF MARKET OVERT PRINCIPLE AND THE EXCEPTIONS

Abstract

Whether or not a buyer of goods acted in good faith, he or she cannot obtain a good title to the goods purchased because of the general rule which provides that a buyer who buys goods from someone other than the owner of the goods will not obtain a good title. This expression is expressed in the Latin maxim ‘nemo dat quod non habet,’ that is, ‘that no one gives what he does not have’. This principle of law was restated under Section 21(1) of the Sale of Goods Act, which states that where goods are sold by a person who is not their owner 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. This principle seeks to protect the ownership of the goods not withstanding its contrast with the principle of law which recognizes a buyer who bought in good faith and with value without notice, which also should be protected. There are a lot of complexities that go with the sale of goods and just as there are several exceptions to the general rule governing the sale of goods. However, the focus of this article is the examination of the common law principle of nemo dat rule and the exceptions which the sale of goods has provided to cater for the complexities of sale of goods general principle. This article utilizes the doctrinal method of research.