LessonsInvalid and Defective Sales: Conditions, Possession and RemediesQuiz

If the property remains with the buyer under a defective sale, unwinding the original transaction is central.

If the buyer has lawfully possessed the property under the technically defective contract and subsequently sells it, the text states that the onward sale may take effect.

This cannot be generalized to a void transaction, in which the claimed ownership never arose on the same footing.

Opening interactive controls...

Rescission and subsequent transactions

Invalid and Defective Sales: Conditions, Possession and Remedies

If the property remains with the buyer under a defective sale, unwinding the original transaction is central.

If the buyer has lawfully possessed the property under the technically defective contract and subsequently sells it, the text states that the onward sale may take effect.

This cannot be generalized to a void transaction, in which the claimed ownership never arose on the same footing.