Nemo Dat Quod Non Habet
Latin: 'no one gives what they do not have'. A transferor of goods cannot give a better title than they possess. Exceptions exist under the Sale of Goods Act 1979 (e.g., sale in market overt, voidable title, estoppel).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The nemo dat rule is codified in section 21 of the Sale of Goods Act 1979: where goods are sold by a person who is not their owner, 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.
The same section preserves the main common law and statutory exceptions to the rule: it applies 'unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell' — the estoppel exception — and the Act goes on to create further exceptions for sales under a voidable title and for dispositions by a seller or buyer left in possession of goods after a sale.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.