Exceptions to the “nemo dat” rule.

  1. Estoppel: Where the true owner holds out another person as owner and third parties rely on the representation to their detriment.
  2. Sale by factor or Mercantile agent: Such a sale passes a good title.
  3. Resale by seller in possession: this exception is embodied in section 26 (1).
  4. Sale by buyer in possession: this exception is contained in section 26 (2) of the Act.
  5. Sale under voidable title: a seller with a voidable title sells before his title is voidable.
  6. Sale under statutory power: a sale made in exercise of a statutory power.
  7. Sale under common law power: a sale made in exercise of a common law power.
  8. Sale by court order: a sale made pursuant to an order of a court of competent jurisdiction.
  9. Sale in market overt: this is an open, public and legally constituted market.

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