Title doctrine in sales law quietly favored sellers over buyers

Evidence

The law of sales grew up about the concept of property or title to goods. Title was an invisible rope that tied a chattel to its original owner until title legally “passed” to a buyer. Broadly speaking, title passed when the parties intended it to pass. But the rules of title were not as neutral as they appeared on the surface; they leaned in the direction of the rights of sellers, not buyers. — Lawrence M. Friedman, A History of American Law, 1563

Categorization

  • DEFINE: Gives a crisp definition of ‘title’ as an invisible rope tying chattel to owner until transfer.