Sarah19930
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John acquired on hire purchase a car from Peter’s Finance Ltd. Immediately on taking delivery of the car John sold it to Paul, a car dealer, who wanted it as a gift for his wife’s birthday. After purchasing the car and driving it to home, it turned out that Paul’s wife was dissatisfied with the colour and model. Paul therefore sold it on to his friend Ben who is another car dealer. Ben put the car on his forecourt and sold it to James, a retired local butcher.
John has not made any payments to Peter’s Finance Ltd who have now found out that John no longer has the car. They have contacted James requesting the return of the car.
Advise the parties as to who now owns the car.


Am I right to argue this question under Nemo Dat and Hire purchase exception? Is there any other exceptions that needs to be argued?


Many thanks in advance
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TheDE
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I'm not sure about Nemo dat but under a hire purchase agreement John would not be the legal owner of the car until he made his final payment, therefore has no legal right to sell it and still owes the debt to peters finance as they are the legal owners.
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