Question
a) The general rule is that no one can give a better title than he has himself. (Nemo Dat Quod Non Habet) Discuss this general
a) The general rule is that no one can give a better title than he has himself. (Nemo Dat Quod Non Habet)
Discuss this general rule and state the exception.
b) Saleh is the proprietor of a jewellery shop. Badrul came into the shop, selected an emerald bracelet, and paid for it. Badrul explained to Saleh that he had an appointment to see someone at 4 pm and asked if it would be alright to leave the bracelet with Saleh. He would collect the bracelet at 7.00 pm. However, due to an oversight, Saleh failed to remove the bracelet to be kept for Badrul. At 5.00 pm that same afternoon, Mala, who was the spitting image of Maria, a famous actress, came into the shop and selected the very same bracelet, that Badrul had earlier selected. Saleh let Mala pay the RM6000 price by cheque, which Mala did sign as Maria. Subsequently, the cheque was dishonoured, and Saleh informed the police, who traced the bracelet to Ah Long's shop in Kangar.
Advise Badrul.
c) Wafi agrees to buy and Azim agrees to sell 50 kilograms of grade A Mahsuri rice. Azim delivers 50 kilograms grade B Mahsuri rice. Can Wafi reject the whole consignment? Give reasons.
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