• Adrian Chandler and James Devenney, ‘Mistake as to Identity and the Threads of Objectivity’ (2004) 3 Journal of Obligation and Remedies 7.

Discusses the problems associated with identity in sale contracts and considers the different approaches of the judges in Shogun Finance Ltd v Hudson.

• Brian Davenport, ‘Consultation—How Not to Do it’ (1994) 110 LQR 165.

Critiques the DTI’s consultation paper on transfer of title and the innocent purchase of goods belonging to a third party.

• Iwan Davies, ‘Wrongful Disposition of Motor Vehicles—A Legal Quagmire’ [ 1995 ] JBL 47.

Discusses the distinction between void and voidable hire purchase agreements insofar as the passing of title is concerned.

• Catherine Elliott , ‘No Justice for Innocent Purchasers of Dishonestly Obtained Goods ’ [2004] JBL 381.

Discusses the injustice resulting from the House of Lords decision in Shogun Finance Ltd v Hudson on an innocent purchaser of a motor vehicle as it removes from the scope of s 27 a transaction where a rogue impersonates another person in order to acquire a vehicle either on hire purchase terms or under a conditional sale agreement.

• Angela Foster , ‘Sale by a Non-owner: Striking a Fair Balance between the Rights of the True

Owner and a Buyer in Good Faith’ (2004) 9 Cov LJ 1. Examines how the law seeks to balance the rights of the true owner of property and an innocent third party who bought it in good faith where the purchase was transacted by an unauthorized seller.

• Louise Merrett , ‘The Importance of Delivery and Possession in the Passing of Title’ (2008) 67 CLJ 376.

Evaluates the operation of statutory exceptions to the nemo dat rule. Reviews the exceptions in ss 24 and 25 of the SGA 1979 in relation to sales by a seller or buyer in possession of goods, and discusses, with reference to case law, the meaning of ‘continues in possession’, the practical problems caused by the need for continuous physical possession, and the importance of ‘delivery’ and ‘possession’ having consistent meanings throughout the Act.

• Louise Merrett , ‘Is Possession Nine Tenths of the Law in the Sale of Goods? ’ (2010) 69 CLJ 236.

Considers the question of possession and title in relation to nemo dat.

• Louise Merrett, ‘Issues as to Title: Consumers and the Hire Purchase Act’ (2010) Cons L Today 1

Considers the Court of Appeal’s judgment in Kulkarni v Manor Credit (Davenham) Ltd.