Bill 43 (Legislature 11, Session 3)

L11 S3 7071

Alberta — Bills

Bill No. 43 of 1950. A BILL TO AMEND THE SALE OF GOODS ACT. NOTE. This Bill amends The Sale of Goods Act being

chapter 228 of the Revised Statutes of Alberta,

Section 26 is amended by striking out subsection (2). The law in Canada and the common law of England both provide in the case of property which is stolen and disposed of by a thief that if it is recovered it shall be returned to its original rightful owner. This law was changed in Alberta in 1948 in so far as cattle, sheep and swine are concerned by an amendment which added subsection (2) to

section 26 of this Act. As a result of the amendment if a farnler had his cattle, sheep or swine stolen and sold they would not b~ returned when they were recovered to the farmer who was the original rightful owner in accordance with the usual law but would remain the property of the purchaser from the thief. This has rendered law enforcement more difficult because an unscrupulous buyer has no hesitation in buying from a thief as he gets good title so long as he doesn't inquire and obtain actual knowledge that the stock was stolen.

If one of two innocent persons had to suffer loss by reason of the actions of the thief the effect of the 1948 amendment was to transfer the loss fronl the purchaser and to impose it upon the farmer who owned the stock thereby protecting the purchaser from the thief. Normally the purchaser would have the best opportunity of protecting himself against a loss of this kind by making genuine inquiries as to the identity and title of the vendor of the stock.

The amendment removed the incentive to inquire as it provided that the purchaser would get good title so long as he had no actual knowledge that the property was stolen. The purchasers protected by the amendment were live stock shipping and live stock marketing organizations which are better able to stand a loss of this nature than the individual farmer because only a few losses would occur in a comparatively large number of transactions. It might also be possible for such organizations to insure against a loss of this nature

whereas this is less pra,cticable for an individual farmer. In addition to the above the amendment has been criticized as being discriminatory in that it pro tects live stock marketing and shipping organizations but does not extend the protection to packing plants and in dividual dealers who are faced with similar problems. It

ii would appear expedient to repeal this subsection and to return to the ordinary law applicable to all other types of property. KENNETH A. McKENZIE, Acting Legislative Counsel. (This note does not fo1'nt any pa,rt of the Bill but is offered in explanation of its provisions.)

BILL No. 43 of 1950.

An Act to amend The Sale of Goods Act. (Assented to , 1950.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Sale of Goods Act, being

chapter 228 of the Re vised Statutes of Alberta, 1942, is hereby amended as to

section 26 by striking out subsection (2). 2. This Act shall come into force on the day upon which it is assented to.

No. 43 FIRST SESSION TWELFTH LEGISLATURE 14 GEORGE VI 1950 BILL An A,ct to amend The Sale of Goods Act. Received and read the First time ....................................... . Second time ................................... . Third time ..................................... . RON. MR. MAYNARD. Title: 1950 (11th, 3rd) Bill 43,

An Act to amend The Sale of Goods Act

Document details

Collection	Alberta — Bills
Citation	L11 S3 7071
Type	bill
Volume / chapter	L11 S3 7071
Language	en
Format	json
Source	PROVINCIAL
Identifier	ab75bf235b69649c7fcdd2c450d9476cbb7450c2

Source file is stored in the law ingest library (json).