A couple of private buyer cases:
- Barker v Bell [1971 2AER 867] - if your hirer tells the innocent purchaser that the finance has been settled, when in fact it hasn’t, and the purchaser believes him, the purchaser can still get good title. this doesn’t apply if your hirer says he is “about to” pay off the finance. Moorgate Mercantile v Twitchings [1977 AC 890] - failure to register your interest at HPI doesn’t matter.
- Good faith is equated with honesty and bad faith with dishonesty. Jones v Gordon 1877 - an abnormally low price was held to put a purchaser on enquiry. Mercantile Credit Company Limited v Rainham Metal Transport - where an innocent purchaser has any suspicion as to the title, his failure to ask the obvious questions is clear evidence of lack of good faith. Dodds v Yorkshire Bank Finance Ltd [1992 CCLR 84] - “I did not expect the chap to sign something if it was not right. When he signed it, I was not suspicious any more.”