Q. The general rule as regards to transfer of title is “nemo dat quad non habet”. Critically examine the rule highlighting its exceptions in the light of statutory exceptions. (20) [2007/Law II/6(a)]
Answer Approach:
•Introduction: Explain the meaning of the maxim and the general rule related to transfer of title.
• Main body: Critically comment on the rationale behind this rule. Explain the conflict between the societal interest and the individual interest. Then give an explanation of the various exceptions to the rule.
• Conclusion: Conclude by mentioning about how these exceptions try to balance the conflicting interests.
• Tip for students: You should try to make use of illustrations under each of the exceptions, so as to maximise your score.
Students please note:
- You need to upload your answers in the Comments section under the questions. Students are advised to upload clear photos of handwritten answers.
- To maximise your benefit from this free answer writing exercise, try to read other students’ answers and jot down important pointers. This way you shall not only learn from the good aspects of others’ answers but also from their mistakes. You are encouraged to review each other’s answers for mutual benefit and help in building a supportive Law Optional Preparation Community
