Market overt or marché ouvert (Law French for "open market") is an English legal concept originating in medieval times governing subsequent ownership of stolen goods.[1] The rule was abolished in England and Wales in 1994 but it is still good law in some common law jurisdictions such as Hong Kong and British Columbia.[2]
In general, the sale of stolen goods does not convey effective title (see Nemo dat quod non habet). However, under marché ouvert, if goods were openly sold in designated markets between sunrise and sunset, provenance could not be questioned, and effective title of ownership was obtained.[3][4][5] The concept originated centuries ago when people did not travel much; if the victim of a theft did not bother to look in his local market on market day—the only place where the goods were likely to be—he was not being suitably diligent.[6]
Abolition in England and Wales
edit| Act of Parliament | |
 | |
| Long title | An Act to abolish the rule of law relating to the sale of goods in market overt. |
|---|---|
| Citation | 1994 c. 32 |
| Dates | |
| Royal assent | 3 November 1994 |
| Commencement | 3 January 1995 |
| Other legislation | |
| Amends | |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Sale of Goods (Amendment) Act 1994 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Sale of Goods (Amendment) Act 1994 (c. 32), whose sole purpose was to abolish market overt and its equivalent in Wales, came into force in January 1995, repealing section 22(1) of the Sale of Goods Act 1979 and section 47 of the Laws in Wales Act 1542.[7]
One designated market was Bermondsey Market, in South London. In the early 1990s, several portraits by well-known 18th-century portrait painters that had been stolen from Lincoln's Inn each sold for less than £100 from an outside stall.[8] Since they had been sold in 'market overt', the purchaser could keep them.[9][10] Estelle Morris, Minister for the Arts stated during the second reading of the Dealing in Cultural Objects (Offences) Bill in July 2003:
I did not have information about marché ouvert in the deep recesses of my mind, but experts reliably inform me that it no longer exists. The hon. Member for Uxbridge (Mr. Randall) will be surprised to learn that it has been abolished only recently. It used to exist in designated markets, including Bermondsey. I am sure that the promoter will be interested in telling the hon. Member for Southwark, North and Bermondsey (Simon Hughes) about that. In it, items could be sold before sunrise [sic]. Believe it or not, in this land of ours, people could sell stolen—my officials put "dodgy" in brackets, but we do not use that term—objects. I assure hon. Members that it has been abolished. I hope that that deals with the fears of the hon. Member for Uxbridge.[11]
References
edit- ^ "Appendix 60: Memorandum submitted by the Council for the Prevention of Art Theft". Select Committee on Culture, Media and Sport: Appendices to the Minutes of Evidence. London: British House of Commons. 25 June 2000. pp. section 3.1.
- ^ "Sale of Goods Act". www.bclaws.ca. Retrieved 23 May 2019.
- ^ "'Thieves' charter' nears end of its reign: The law of market overt may". The Independent. 23 October 2011.
- ^ O'Connell, Anna (October 2005). "The Controversial Rule of Market Overt". Art Loss Review. Archived from the original on 8 October 2007. Retrieved 31 August 2007.
- ^ Lennon, Peter (15 March 2003). "A safe little earner". The Guardian. Retrieved 31 August 2007.
- ^ Bishopsgate Motor Finance Corpn. v. Tpt. Brakes, 1949 1 K.B. 322.
- ^ "Sale of Goods (Amendment) Act 1994", legislation.gov.uk, The National Archives, 1994 c. 32
- ^ "Gainsborough and Reynolds Paintings Stolen". Associated Press.
- ^ Burroughs, Katrina (30 May 2001). "In the market for a bargain". Evening Standard. Archived from the original on 6 October 2018.
- ^ "Wall Street Journal". Wall Street Journal: A9. 26 August 1993.
- ^ "Hansard Debates". Parliamentary Debates (Hansard). House of Commons. 4 July 2003. col. 663–664. Archived from the original on 11 March 2007.
External links
edit- Speech of Lord Renton in Hansard at the second reading of the Sale Of Goods (Amendment) Bill in the House of Lords, 12 January 1994, Hansard vol. 551
Further reading
edit- Bennett, Edmund H. (September 1882). "High Court of Justice. Queen's Bench Division. Walker v. Matthews". American Law Register. 30 (9): 574–576. doi:10.2307/3305040. JSTOR 3305040.
- Sale of Goods Act, 1893 (PDF). London: Her Majesty's Stationery Office. 1893. pp. section 22. ISBN 0-10-850177-9.
- Pease, J. G. (May 1908). "The Change of the Property in Goods by Sale in Market Overt". Columbia Law Review. 8 (5): 375–383. doi:10.2307/1110070. JSTOR 1110070.
- "Sale of Goods. Market Overt. Custom of City of London. Shop. Auction Room. Trover. Demand and Refusal before Writ". Virginia Law Register. 17 (12): 269. April 1912. doi:10.2307/1104530. JSTOR 1104530.
- Ilbert, Courtenay (1920). "Unification of Commercial Law". Journal of Comparative Legislation and International Law. 2 (1): 77–80.
- Waite, John Barker (February 1925). "Caveat Emptor and the Judicial Process". Columbia Law Review. 25 (2): 129–151. doi:10.2307/1114303. JSTOR 1114303.
- "Market Overt: Common Law, What Is". Michigan Law Review. 27 (2): 218. December 1928. doi:10.2307/1279299. JSTOR 1279299.
- Gower, L. C. B. (July 1949). "Sale of Goods in Market Overt". Modern Law Review. 12 (3): 371–372.
- Eder, Phanor J. (Winter 1956). "Venezuela. Conditional Sales". American Journal of Comparative Law. 5 (1): 119–120. doi:10.2307/838145. JSTOR 838145.
- Murray, Daniel E. (January 1960). "Sale in Market Overt". International and Comparative Law Quarterly. 9 (1): 24–52. doi:10.1093/iclqaj/9.1.24.
- Belinfante, W. G.; J. G. van der Burgt (October 1960). "Sale in Market Overt". International and Comparative Law Quarterly. 9 (4): 676–677. doi:10.1093/iclqaj/9.4.676.
- Diamond, Aubrey L. (July 1966). "Law Reform Committee: Twelfth Report on the Transfer of Title to Chattels". Modern Law Review. 29 (4): 413–419.
- Levmore, Saul (January 1987). "Variety and Uniformity in the Treatment of the Good-Faith Purchaser". Journal of Legal Studies. 16 (1): 43–65. doi:10.1086/467823. S2CID 143813108.
- Battersby, Graham (September 1991). "The Sale of Stolen Goods: A Dilemma for the Law". Modern Law Review. 54 (5): 752–757. doi:10.1111/j.1468-2230.1991.tb02669.x.
- Smith, Peter (April 1997). "Valediction to Market Overt". American Journal of Legal History. 41 (2): 225–249. doi:10.2307/845597. JSTOR 845597.