Sale of Goods. [Ch. 31. No. 9.

 

lading to the buyer together to secure acceptance or payment
of the bill of exchange, the buyer is bound to return the bill
of lading if he does not honour the bill of exchange, and if he
wrongfully retains the bill of lading the property in the
goods does not pass to him.

22. Unless otherwise agreed, the goods remain at the
seller's risk until the property therein is transferred to the
buyer, but when the property therein is transferred to the
buyer the goods are at the buyer’s risk whether delivery
has been made or not: Provided that where delivery has
been delayed through the fault of cither buyer or seller,
the goods are at the risk of the party in fault as regards any
loss which might not have occurred but for such fault:
Provided also, that nothing in this section shall affect the
duties or liabilities of cither seller or buyer as a bailee or
custodier of the goods of the other party.

Transfer of title.

23. (1) Subject to the provisions of this Ordinance, where
goods are sold by a person who is not the owner thereof,
and who does not sell them under the authority or with the
consent of the owner, the buyer acquires no better title to
the goods than the seller had, unless the owner of the goods
is by his conduct precluded from denying the  seller’s
authority to sell,

(2) Provided that nothing in this Ordinance shall
affect —
(a) the provisions of any enactment enabling the
apparent owner of goods to dispose of them as if he
were the true owner thereof;

(b) the validity of any contract of sale under any
special common law or statutory power of sale or under
the order of a court of competent jurisdiction.

24. When the seller of goods has a voidable title thereto,
but his title has not been avoided at the time of the sale, the
buyer acquires a good title to the goods, provided he buys
them in good faith and without notice of the seller’s defect
of title.

823

Risk primé

facie passes

with
property.

Sale hy
person not
the owner.

Sale under
voidable
title.