Commercial Law and Transactions Essay Example | Topics and Well Written Essays - 1250 words

Commercial Law and Transactions - Essay Example 30). This rule states that if a bona fide purchaser unknowingly purchases and subsequently sells stolen goods, he will be held liable in common law for the whole market price of those goods as at the date of transaction (Atiyah, 2005, p. 28). Common law states that the proper owner of the goods retains the legal title; as such, the nemo dat rule applies to the successive bona fide purchasers, implying that the actual owner can successfully bring an action against the fifth bona fide purchaser in trover as decided in Beverly Acceptances Ltd. v. Oakley, (1982) RTR 417.1 Goode (2004, p. 16) notes that even though this rule was put in place to protect the true owners of personal property and to allow them to assert their superior title over anyone else over the property, the rule propagates to a greater extent injustice to bona fide purchasers. Besides, it propagates injustice to third parties who are innocent making them lose their claim the moment the true owner appears to assert his t itle (Sealy, Hooley, and Hooley, 2008, p. 23). Therefore, in order to prevent injustice on the bona fide purchaser and third parties, there are a number of exceptions to nemo dat rule which have been put in place in English law as noted in Lowther v. Harris, (1927) 1 K.B 393.2 It is worth noting that these exceptions only provide a certain degree of protection to the bona fide purchaser and innocent third parties as well as well as the true or original owner (Goode, p. 2009, p. 45). In the English Law, this principle is clarified under the Sale of Goods Act. The Sale of Goods Act 1994 specifies that the seller has to fulfil certain responsibilities before goods are sold legally. Rose (2001, p. 14) says that one of the most important clause of this rule is the ‘retention of title’ that allows the seller to retain the title of goods until the goods have been fully paid for. This clause forms a crucial part of any standard conditions and standard of sale. In Coventry Shepa rd & Co. v Great Eastern Railway Co., (1883) 11 QBD 776 it was decided that the original owner or the person authorised to sell the goods by its owner has the right to sell the goods and the buyer is enabled to enjoy possession of those goods free from any interference from any other party.3 As has been noted, there are several statutory exceptions to the nemo dat rule and they include the following: The first exception is estoppel, which implies that the buyer will acquire the title of the goods if the owner of the goods asserts right to sell. Bridge (1997, p. 18) explains that estoppels may be raised through the following ways; conduct, words, and negligence. Estoppel by conduct is whereby the owner’s conduct indicates that he has the right to sell the goods as decided in Henderson & Co v Williams [1895] 1 QB 521.4 Estoppel by words is whereby there is an express authority by the owner that the seller has the right to dispose of the goods (Markesinis and Munday 1998, p. 34) . Estoppel by negligence arises when the owner carelessly allows his goods to come into possession of a different person and that rogue goes ahead and sells it to innocent third

Implementation of the Carlson SAN Approach Essay

Implementation of the Carlson SAN Approach - Essay Example The figure illustrates that with the SAN approach storage devices are connected which makes them the protection of data more efficiently than before. SAN is a devoted network that transmits I/O traffic to the server and the storage devices and hence is termed as â€Å"network behind the servers†. Moreover, the applicability of SAN would enable a strong universal connectivity within storage to assist in clustering technology to derive the best output. Also, SAN can deliver disk and tape competence in more servers. SAN eliminates any limit regarding the access of the storing data in the individual server (Walder, 2013).   SAN central data facility was required by Carlson to enjoy a safer environment and high data protection of the data of the organization. Upholding consolidated data on a SAN central data facility is relevant as it protects data and enhances the speed for the benefit of the organization regarding the storage of the relevant data. Besides, file sharing can be done in a convenient manner with safety and without risk of security everywhere in the world. In addition, it improves the mobility and data control facility to a greater level of efficiency. The SAN central data facility is more cost-effective as it enables to store the data in several computers and it also facilitates as a backup data. Furthermore, the SAN central data is reliable and provides the scalable facility. It is also easy to access and provides quick efficient data sharing activity. On the other hand, the dispersed arrangement that it replaces leads to a time-consuming framework and also involves high maintenance. It requires high cost and is not as fast as the SAN central data facility. The risk associated with the dispersed arrangement is more as it is not fully protected.