University of Minnesota Law School Scholarship Repository Minnesota Law Review 1962 Curing an Improper Tender of Title to Chattels: Past, Present and Commercial Code William D. Hawkland Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Hawkland, William D., "Curing an Improper Tender of Title to Chattels: Past, Present and Commercial Code" (1962). Minnesota Law Review. 2555. https://scholarship.law.umn.edu/mlr/2555 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. 697 Curing an Improper Tender of Title to Chattels: Past, Present and Commercial Code Stolen and encumbered chattels constitute a significant portion of the goods moving in commerce. In order to protect 1the original owners of the goods against the claims of bona fide purchasers, the doctrines of "caveat emptor" and "nemo dat quod non habet" developed in the common law and have been carried into the Uni- form Sales Act. In this Article Professor Hawkland sug- gests that the premises underlying these concepts need to be re-examined and that the concepts themselves should be reformulated to more fairly allocate among original owners, dealers, and purchasers the risks arising when stolen or encumbered goods are sold; one inadvertently dealing in this type of goods needs added protection against "bad faith surprise rejections of title." Profes- sor Hawkland concludes that the Uniform Commercial Code's adoption of the concept of "cure" affords the deal- er a potent weapon against such "bad faith" claims and constitutes a major stride forward toward fairer and more realistic treatment of this problem.