Plaintiff advertised his car for sale. Roberts stopped by to look at it. He took
ID: 344775 • Letter: P
Question
Plaintiff advertised his car for sale. Roberts stopped by to look at it. He took it for a short test drive, returned to Plaintiff’s house, and said, “I like it, but my wife needs to look at it before I buy it. I’ll be back in less than half an hour.” Roberts takes the car and never returns. Plaintiff called the police, who later found the car in a neighboring state. Defendant had bought it from Roberts, who had presented him with forged registration papers. Plaintiff sued Defendant to get the car back. Who wins? Why?
Explanation / Answer
The plaintiff will win the case.
The Sale of Goods Act provides a general protection to the rightful owner. If goods are sold by a non-owner (i.e. Roberts) to another party, the buyer does not gain good title. This means that the defendant is not the rightful owner of the car and the plaintiff still has the right to the car.
While there could have been some exception to the general rule of protection, none of the exceptions fit this scenario. As a result, the plaintiff will win.