More bike...

[lnr]

Just got the following mail from my mum, who happens to be an academic lawyer, and who I forwarded a link to the original article:

What a good tale 
I haven't checked my book but as I recall you have a right to recover your own property. 
If the new custodian doesn't like it they can sue and prove they have better title. You 
can always buy them a new chain if they come forward. 
If they have bought it in good faith they can sue the seller for not giving them title 
  
Transfer of title  
         
21 Sale by person not the owner  
         
(1)   Subject to this Act, where goods are sold by a person who is not their owner, and
who does not sell them under the authority or with the consent of the owner, the buyer
acquires no better title to the goods than the seller had, unless the owner of the goods
is by his conduct precluded from denying the seller's authority to sell.  
         
I can check my books on Friday but you might want to get it before then 

Ma x 

Comments

[arnhem.livejournal.com]

Offering a new chain if you have destroyed their old one is not necessarily a guarantee that you do not get into trouble.

I would be a bit wary of the possibility that one would be committing the offence of criminal damage in chopping through someone else's bike chain; the fact that it was locking your bike might mitigate, but would not (I believe) be a defense.