Nemo dat quod non habet - no one can give what he does not have.
Nemo dat quod non habet
Meaning
The Latin phrase “Nemo dat quod non habet” means:
“No one can give what he does not have.”
This legal maxim states that a person cannot transfer a better title to goods than he himself possesses. If the transferor has no ownership or lawful title over the goods, he cannot pass on valid ownership to the transferee.
Application
Applies mainly in transfer of property or sale of goods.
Protects the rights of the true owner of the property or goods.
If someone sells goods they don’t own, the buyer does not acquire ownership, unless protected by some statute or principle (like buyer in good faith under the Sale of Goods Act).
Example Scenario
A person steals a watch from the true owner.
The thief sells the watch to an innocent buyer.
According to nemo dat, the thief cannot transfer ownership.
The true owner retains ownership, and the buyer cannot claim legal title, even if unaware of the theft.
Exceptions to Nemo Dat Rule
Though this is the general rule, there are exceptions in law, like:
Sale by a mercantile agent who has authority.
Sale under the Sale of Goods Act where a buyer buys in good faith from a seller in possession.
Estoppel: If the true owner by conduct leads the buyer to believe the seller has title.
Sale by a person in possession with consent of the owner.
Important Case Laws
1. Lalman Shukla v. Gauri Dutt (1913) 40 IA 147
Facts: A person found a lost document and handed it to the finder, who sold it to another.
Held: Since the finder had no title, he could not transfer ownership.
Principle: Nemo dat applies strictly — no transfer without title.
2. Alfred Denny & Sons Ltd. v. Hall (1911)
Facts: Goods stolen from a warehouse and sold by a thief.
Held: The thief had no title and could not pass ownership.
The real owner can claim the goods back from the buyer.
3. Bishop v. Stevens (1850)
Facts: A person bought goods from a person who had no title.
Held: Buyer did not acquire ownership because the seller had no title.
Reinforced nemo dat principle.
Summary
| Aspect | Explanation |
|---|---|
| Rule | No transfer of better title than the transferor has |
| Protects | Rights of true owner |
| Applies to | Sale, transfer of goods and property |
| Buyer’s position | Usually no ownership if seller has no title |
| Exceptions | Sale by mercantile agent, estoppel, Sale of Goods Act |
RELATED Blog
0 comments