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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate.
A common carrier in common law countries (corresponding to a public carrier in some civil law systems, [1] usually called simply a carrier) [2] is a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport.
If the terms of ownership of risk are not defined by the parties, then the ‘default’ law of Sale of Goods applies. [4] For example, for a specific good, the ownership is identifying when the good is in the delivery stage. Additionally, for unascertained goods, the ownership is passed until the good is identified and sent to the buyer.
The verb consign means "to send", and therefore the noun consignment means "sending goods to another person". In the case of retail consignment or sales consignment (often just referred to as a "consignment"), goods are sent to an agent for the purpose of sale. Legal ownership of these goods remains with the sender.
A person may be liable for conversion even though he was reasonably mistaken in thinking the facts to be such as would give him a legal right to the goods. [ 89 ] [ 90 ] There are cases in which the defendant does not clearly appropriate the property to his own use, and in which the question whether there is a conversion therefore depends on ...
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
In law, possession is the exercise of dominion by a person over property to the exclusion of others. [1] To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. [2] A person may be in possession of some piece of property without being its owner.
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title.