ABSTRACT

[21.01] The importance of good title. The relationship between property and title was discussed in Chapter 19; and this Chapter will deal with the situation where goods belonging to A are transferred by B to C. Both the original owner (A) and the transferee (C) may be entirely blameless; and the problem is to determine which of the two is entitled to the goods. In theory, this should not make any difference, because the other will usually have the right to look to B for recompense: A could sue B in tort for wrongful interference with goods; 1 C could sue B for breach of the implied undertakings as to title. 2