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entrusting

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1 results

TRANSFER OF CHATTELS BY NON-OWNERS: STILL AN OPEN PROBLEM
Andrew Tettenborn
Journal:

The Cambridge Law Journal / Volume 77 / Issue 1 / March 2018

Published online by Cambridge University Press:

31 January 2018, pp. 151-178

Print publication:

March 2018
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The current law relating to the unauthorised dispositions of chattels is an arbitrary and unpredictable mess that has grown up haphazardly and piecemeal. In this connection we need a default rule that is straightforward rational and logical. Such a rule should follow three principles. First there should be a background rule of entrustment, whereby anyone entrusting another with goods takes the risk of subsequent misdealing. Secondly, this rule should apply to all proprietary interests and not simply to ownership. Thirdly, it should be open to exceptions where there is good reason to admit them, for example to accommodate specific schemes covering particular types of security interest.