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Sale of Goods Act 1893
Sale under voidable title.
23.—When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title.
Annotations
Modifications (not altering text):
C11
Application of section restricted (10.10.2025) by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 131(1), S.I. No. 470 of 2025.
Non-application of market overt rule and rule relating to sale under voidable title in certain cases
131. (1) Where an archaeological object, historic object, or object removed from a monument to which general protection applies or special protection applies, is sold without the relevant authorisation, section 22 (1) or 23 of the Sale of Goods Act 1893, or any rule of law relating to sale in market overt or sale under voidable title, shall not apply to the sale of that object so as to give good title to the purchaser of that object.
(2) Subsection (1) is in addition to, and not in substitution for, section 56 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
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