Analysis on Nemo-Dat Rule on law of sale of goods in Uganda
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Date
2019-06
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Publisher
Kampala International University, School of Law
Abstract
The study provided for an analysis on Nemo-Dat Rule on Law of Sale of Goods in Uganda. It
therefore expressed concern on examination of the general rule of nemo dat quad non habet,
exam;nation of the exceptions to the general rule of Nemo dat and provision for the cr,iticisms of
Nemo dat rule. The study used a Doctrinal method, it was conducted using written sources such
as text books, journals, reports, articles, legislations, internet sources on the subject as well as
case laws. The study recommended that there is need to repeal the market overt exception since
all major jurisdictions in the common law world have either abolished or rejected at the outset
the market overt rule. Further it calls for repealing the market overt exception which needs to be
provided to replace. There is need to search for ways to so shrink that pool not by changing the
nature of the protections available to innocent bona fide purchasers but instead by finding new
ways to inject more i,iformation about land conveyances into the public view beyond traditional
recording mechanisms so that more and earlier notice of possible . competing property claims is
ava;/able to responsible purchasers exercising due diligence. The study concludes that if goods
are purchased from a person who is not the owner and who does not sell them under owner 's
authority, the buyer does not acquire a title even if he has paid value in good faith.
Description
A research report submitted to the faculty of law in partial fulfillment of the requirements for the award of a Bachelor of laws of Kampala International University
Keywords
Nemo-Dat Rule, Law, Sale of goods, Uganda