Principle

PROPERTY LAW – Nemo Dat Quod Non Habet – Application to Unauthorised Pledge

Area of law
PROPERTY LAW
Court
ppSupreme Court

The maxim nemo dat quod non habet (no one gives what they do not have) applies to unauthorised pledges. An agent lacking authority to pledge a document or chattel has nothing to transfer. The purported pledge is a nullity—it cannot defeat the true owner's rights.…

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