Nat. Employers Mutual v. Jones, (1988) 88 N.R. 81 (HL)

Case DateApril 21, 1988
JurisdictionCanada (Federal)
Citations(1988), 88 N.R. 81 (HL)

Nat. Employers Mutual v. Jones (1988), 88 N.R. 81 (HL)

MLB headnote and full text

National Employers' Mutual General Insurance Association Limited (respondents) v. Jones (appellant)

Indexed As: National Employers' Mutual General Insurance Assoc. Ltd. v. Jones

House of Lords

London, England

Lord Bridge of Harwich, Lord Lowry, Lord Brandon of Oakbrook, Lord Griffiths and Lord Goff of Chieveley

April 21, 1988.

Summary:

Jones bought a car from an auto dealer. The car was stolen from Hopkin. Hopkin sued Jones for the value of the car.

The County Court allowed Hopkin's action. Jones appealed.

The Court of Appeal dismissed the appeal. Jones appealed.

The House of Lords dismissed the appeal.

Sale of Goods - Topic 3128

Loss of title to third parties - Sale to bona fide purchaser without notice - Stolen goods - Jones bought a car from an auto dealer - The car was stolen from Hopkin - Hopkin claimed against Jones for the value of the car - The House of Lords affirmed that Jones was liable for the value of the car notwithstanding that Jones was a bona fide purchaser for value without notice - The court interpreted the Sale of Goods Act and the Factors Act and held that the statutes were not intended to authorize a seller to pass title to stolen goods.

Cases Noticed:

Cahn v. Pockett's Bristol Channel Steam Packet Co. Ltd., [1899] 1 Q.B. 643, refd to. [para. 20].

Folkes v. King, [1923] 1 K.B. 282, refd to. [para. 20].

Central Newbury Car Auctions Ltd. v. Unity Finance Ltd., [1957] 1 Q.B. 371, refd to. [para. 20].

Butterworth v. Kingsway Motors, [1954] 1 W.L.R. 1286, refd to. [para. 20].

Elwin v. O'Regan and Maxwell, [1971] N.Z.L.R. 1124, refd to. [para. 20].

Brandon v. Leckie (1972), 29 D.L.R. (3d) 633, refd to. [para. 20].

Statutes Noticed:

Factors Act 1889 (U.K.), sect. 9 [para. 8].

Sale of Goods Act 1979 (U.K.), sect. 25(1) [para. 8].

Authors and Works Noticed:

Atiyah, P.S., The Sale of Goods (7th Ed. 1985), p. 302 [para. 20].

Counsel:

J. Leighton Williams, Q.C., and R. Garfield, for the appellant;

G. Vernon Pugh, Q.C., and John Jenkins, for the respondents.

This appeal was heard by Lord Bridge of Harwich, Lord Lowry, Lord Brandon of Oakbrook, Lord Griffiths and Lord Goff of Chieveley of the House of Lords on February 24 and 25, 1988.

The decision of the House of Lords was delivered on April 21, 1988, and the following opinions were filed:

Lord Bridge of Harwich - see paragraph 1;

Lord Lowry - see paragraph 2;

Lord Brandon of Oakbrook - see paragraph 3;

Lord Griffiths - see paragraph 4;

Lord Goff of Chieveley - see paragraphs 5 to 21.

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