Andrew Tettenborn, ‘Transfer Of Chattels By Non-Owners: Still An Open Problem’

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.

Andrew Tettenborn, Transfer Of Chattels By Non-Owners: Still An Open Problem, Cambridge Law Journal (First View), Published online: 31 January 2018.

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