Transfer Of Ownership And Delivery Of Goods

The buyer can file a suit for specific performance of the contract when the sale is for specific goods and damages are not considered an adequate remedy. This means that if the goods in question are unique or have special qualities, and if monetary compensation would not sufficiently compensate the buyer for the seller's refusal to deliver the goods, then the buyer can seek specific performance. In this case, both conditions (a) and (b) must be fulfilled for the buyer to have the right to file a suit for specific performance.

If the seller fails to deliver the goods after the buyer has paid the price, the buyer can file a suit for both the refund of the price and interest. The buyer is entitled to get their money back since they did not receive the goods they paid for. Additionally, the buyer may also be entitled to interest on the amount paid as compensation for the delay or breach of contract by the seller. Therefore, the correct answer is Both (a) & (b).

In this case, the loss shall fall on the seller because the agreement was made on a "sale or return" basis. This means that the seller bears the risk of any loss or damage to the item during the trial period. Since the horse died on the 3rd day without any fault of the buyer, it is the seller's responsibility to bear the loss.

In a contract through sea route, where the seller has to deliver the goods to the buyer at the port of destination, the contract is known as an Ex-ship contract. This means that the seller is responsible for delivering the goods to the port of destination and the buyer takes ownership and responsibility for the goods once they are unloaded from the ship. This is different from F.O.B. (Free on Board) contract, where the seller is responsible for delivering the goods to the port of shipment, and C.I.F. (Cost, Insurance, and Freight) contract, where the seller is responsible for delivering the goods to the port of destination and also covers the cost of insurance and freight.

When a buyer buys goods from one of the joint-owners, they can obtain a valid title to the goods if they meet two conditions. Firstly, the buyer must purchase the goods in good faith, meaning they genuinely believe they are acquiring legal ownership of the goods. Secondly, the joint-owner must be in sole possession of the goods at the time of the purchase. Therefore, both conditions (a) and (b) need to be met for the buyer to obtain a valid title to the goods.

A will get good title because C bought the refrigerator in good faith without any notice of A's defective title. This means that C is considered a bona fide purchaser for value without notice of any defect in A's ownership. Therefore, C's ownership of the refrigerator is valid and A is able to transfer good title to C.

In a contract of sale, the buyer must make a demand for delivery of goods because it is their responsibility to request the seller to provide the purchased goods. If the buyer fails to make this demand, they have no cause of action against the seller because they did not fulfill their part of the contract. Additionally, the buyer should make a demand even if the goods sold are to be subsequently acquired by the seller, as this ensures that the buyer receives the goods they have purchased. Therefore, all of these statements are correct.

A contract of sale is considered an agreement to sell when it involves the sale of unascertained goods. This means that the specific goods to be sold have not been identified or determined at the time of the contract. In an agreement to sell, the transfer of ownership of the goods will take place at a future date or upon the fulfillment of certain conditions. This is different from a completed sale where the ownership of the goods is immediately transferred to the buyer.

The correct answer is "Both of these, as it is the requirement of law." This means that the property in the goods is transferred to the buyer when both the seller has done their act of putting the goods in a deliverable state and the buyer comes to know that the goods have been put in a deliverable state. This is in accordance with the requirement of the law for the transfer of property in such cases.

In the case of sale of unascertained goods, the ownership is transferred to the buyer when the goods are ascertained and appropriated to the contract. This means that the buyer must know and identify the specific goods that are being sold, and the goods must be set aside or allocated for the buyer's use. Weighing and measuring the goods may be part of the process of ascertaining and appropriating them, but it is not the sole requirement for ownership transfer. Therefore, the correct answer is both (a) and (b).

The correct answer is "Agreement to sell." This means that the contract is not yet a complete sale, but rather an agreement between the parties to sell the goods in the future. The goods have not been identified or ascertained at the time of the contract, and therefore the sale is not yet complete.

When B sells the jewelry to C on similar terms of "sale or return," the ownership of the jewelry passes from A to B. This means that B becomes the rightful owner of the jewelry, regardless of whether C returns the goods or pays the price to B. The statement "On sale by B to C" accurately reflects this transfer of ownership.

Both statement (a) and (b) are correct. In the case of a voidable contract, the person who possesses the goods can sell them because the contract is only voidable, not void. As for statement (b), a seller who is still in possession of the goods after their sale can also sell them. This is because the seller retains the right to transfer ownership until the goods are delivered to the buyer. Therefore, both scenarios allow for the sale of goods even after a contract or sale has taken place.

The correct answer is both (a) and (b), as these have been specifically permitted under law. This means that in both circumstances where the goods are in danger of perishing or losing a significant part of their value, and where the lawful charges of the finder amount to two-thirds of the value of the goods, the finder of the goods can validly sell them even if the true owner cannot be found with reasonable diligence. These specific permissions are likely outlined in the relevant laws or regulations governing the situation.

The correct answer is Seller. Unless otherwise agreed, the expenses for putting the goods in a deliverable state are borne by the seller. This means that the seller is responsible for any costs associated with preparing the goods for delivery, such as packaging, labeling, and loading. The buyer is not responsible for these expenses unless they have specifically agreed to cover them.

In an ex-ship contract, the seller is responsible for the risk of the goods during the voyage. This means that if any damage or loss occurs to the goods while they are being transported, it is the seller's responsibility to bear the risk and cover any associated costs. The buyer is not liable for any risks during the voyage, and neither is the captain of the ship. Therefore, the correct answer is the seller.

In a sale on approval, the seller allows the buyer to take possession of the goods for a trial period. If the buyer decides to keep the goods, the ownership is transferred to the buyer. However, if the buyer fails to return the goods within a fixed or reasonable time, the ownership remains with the seller and the seller can recover the price of the goods. Therefore, the statement "The seller cannot recover the price if the goods are not returned within a reasonable time" is incorrect.

When both conditions (b) and (c) are satisfied, a mercantile agent, in possession of the goods, can transfer a better title to a buyer. This means that if the agent is acting in the ordinary course of his business and the buyer purchases the goods in good faith, the agent can transfer a title that is superior to any claims or rights of the original owner. This ensures that the buyer receives a valid and lawful title to the goods, even if the agent does not have court permission for the sale.

When goods are sold by the transfer of documents of title such as a bill of lading or railway receipt, the effective delivery takes place at the moment the documents of title are transferred. This means that ownership and control of the goods are transferred to the buyer once they receive the documents of title. The physical delivery of the goods may happen at a later time, but the transfer of documents is considered the point at which the buyer gains legal rights over the goods.

When goods are delivered by installment without any prior agreement, it is considered invalid and ineffective. This means that the delivery does not hold any legal value and cannot be enforced. The parties involved did not agree to such a method of delivery, making it invalid. Additionally, since there was no agreement, the delivery is ineffective and does not fulfill the requirements for a valid delivery. Therefore, the answer is invalid and ineffective.

In a F.O.B. (Free on Board) contract, the buyer assumes the risk of the goods during the voyage. This means that once the goods are loaded onto the ship, any damage or loss that may occur during transportation becomes the responsibility of the buyer. The seller's responsibility ends when the goods are delivered to the carrier at the specified port. Therefore, the correct answer is Buyer.

The correct answer is ownership of goods because according to the rule "Risk passes with the ownership," the person who owns the goods is responsible for any loss or destruction that may occur. This means that if the subject-matter of the contract of sale is lost or destroyed, the owner of the goods will bear the risk. Physical custody of the goods may not necessarily determine who bears the risk, as ownership is the key factor. Therefore, both options (a) and (b) are not correct. Capacity to bear the risk is not the correct answer because it is the ownership of the goods that determines who bears the risk.

The correct answer is "Identified by the seller." In the process of ascertainment, it is the responsibility of the seller to identify the goods that will be delivered under the contract. This means that the seller must determine and specify which goods are to be delivered, ensuring that they match the agreed-upon terms and conditions of the contract. The buyer's role in ascertainment is to accept the identified goods once they have been presented by the seller.

The term "appropriation" refers to the process of identifying and setting apart the goods to be delivered under a contract. In this context, it is necessary for both the seller and the buyer to mutually agree on the goods that will be delivered. This ensures that both parties are in agreement and have consented to the specific goods being allocated for delivery. Therefore, the correct answer is mutual consent of both the seller and the buyer.

The correct answer is Sec 18 and 23. These sections contain the legal provisions relating to the transfer of ownership in the case of unascertained goods. Section 18 deals with the transfer of ownership when there is an unconditional contract for the sale of specific goods in a deliverable state, while Section 23 deals with the transfer of ownership when there is an unconditional contract for the sale of unascertained goods. These sections outline the conditions and rules for the transfer of ownership in such cases.

The correct answer is Section 24. This section contains the legal provisions relating to the transfer of ownership in case of 'sale on approval'. It specifies the conditions and procedures for transferring ownership when goods are sold on approval, where the buyer has the option to return the goods if not satisfied.

The 'reasonable time' in the case of sale on approval depends upon the facts and circumstances of each case. This means that there is no fixed time period specified in the contract or by law. Instead, it will vary based on factors such as the nature of the goods, the industry standards, and the intentions of the parties involved. The determination of a reasonable time will be made on a case-by-case basis, taking into account all relevant factors.

Both (a) and (b) are correct. The reservation of the right of disposal by the seller means that the ownership of the goods is not transferred to the buyer until certain conditions imposed by the seller are fulfilled. This includes the condition that even if the goods are delivered to a carrier for the purpose of transmission to the buyer, the ownership is still not transferred. In both cases, the seller retains the right to dispose of the goods until the conditions are met.

The correct answer is Buyer. Unless otherwise agreed, the expenses of receiving the goods are typically the responsibility of the buyer. This means that the buyer is responsible for any costs associated with receiving and transporting the goods, such as shipping fees, customs duties, and any other expenses incurred during the delivery process. The seller is generally responsible for the costs of preparing and shipping the goods, but once the goods are in transit, the buyer assumes responsibility for the expenses.

In an ex-ship contract, the ownership of the goods is transferred to the buyer when the goods are actually delivered at the port of destination. This means that the seller is responsible for delivering the goods to the specified port, and once the goods have been physically delivered at the port, the ownership and risk associated with the goods are transferred to the buyer. This is different from other options, such as when the goods are loaded on board the ship or when the shipping documents are delivered, as these actions do not necessarily indicate the actual physical delivery of the goods to the port of destination.

In the case of sale specific goods, the ownership of the goods is transferred from the seller to the buyer at the time of making the contract. This means that once the contract is agreed upon by both parties, the ownership of the goods is legally transferred to the buyer, regardless of whether payment has been made or the goods have been delivered.

The act of setting apart the goods by the seller is called 'ascertainment'. This act would amount to appropriation if it is done with the consent of the buyer.

When it is expressly agreed between the seller and the buyer that the ownership of the goods will only be transferred to the buyer upon full payment of the price, it is known as a 'sale for cash only or return' transaction. This means that the buyer must pay the full price in cash in order to become the owner of the goods. This condition does not make the contract void, but rather it is a valid contractual agreement between the seller and the buyer. Therefore, the correct answer is both (a) and (b) as such a contract is perfectly valid.

When a third person who is in possession of the goods sold acknowledges that they are holding the goods on behalf of the buyer, it is referred to as constructive delivery. This means that although the physical transfer of the goods may not have taken place, the acknowledgement by the third party establishes the buyer's ownership and control over the goods. This type of delivery is recognized legally as a valid form of transferring ownership.

The term "appropriation" refers to the act of taking possession or control of something. In the context of goods, it typically involves the transfer of ownership from the seller to the buyer. Therefore, it is a bilateral act involving both the seller and the buyer.

When a non-owner sells goods, the buyer does not acquire a better title to the goods than that of the seller. This means that the buyer cannot claim ownership or better rights to the goods than the person who sold them, as the sale is considered void. In such a situation, the buyer has no legal protection or rights to the goods and cannot assert ownership over them.

The correct answer is "Manufactured or produced." In an agreement to sell, if no place is specified for the delivery of goods, the goods are to be delivered at the place where they are manufactured or produced. This means that if the goods are not in existence at the time of the agreement, they will be delivered at the place where they are manufactured or produced. This answer is supported by the information provided in the question.

In an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made. This means that once the buyer and seller have agreed on the terms of the contract, including the price and the goods being sold, the property in the goods transfers to the buyer. This is different from the other options as payment, delivery, or acceptance of the goods by the buyer are not the determining factors for the transfer of property.

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When the seller imposes a condition that the ownership of the goods will not pass to the buyer until the price is paid, it means that the seller has reserved the right to dispose of the goods until the payment is made. This means that the seller still has control over the goods and can decide whether or not to transfer ownership to the buyer.

In CIF (Cost, Insurance, and Freight) contracts, the ownership of the goods is transferred to the buyer when the shipping documents are delivered to the buyer and he receives them by paying the price. This means that the buyer becomes the legal owner of the goods once they have received the shipping documents and made the payment. The physical transportation of the goods or their arrival at the buyer's destination is not relevant to the transfer of ownership in CIF contracts.

When property in goods is transferred from the seller to the buyer, the buyer becomes the owner of the goods. This means that the buyer now has full ownership rights and responsibilities over the goods. At the same time, the seller ceases to be the owner of the goods, as ownership has been transferred to the buyer. Therefore, both options (a) and (c) are correct.

When the documents of title are made in the name of the buyer but are sent by the seller to his own agent with specific instructions to part with them, it is presumed that the seller has reserved his right of disposal. This means that the seller still maintains control and ownership over the goods until certain conditions are met, such as the buyer paying the price. This presumption allows the seller to retain control and protect their interests in the transaction.

In this case, there is constructive delivery. Constructive delivery refers to a situation where the goods are not physically transferred to the buyer, but the possession and control of the goods are transferred to a third party who acknowledges holding them on behalf of the buyer. In this scenario, C, the warehouseman, acknowledges to B that he is holding the goods on B's behalf, indicating that the possession and control of the goods have been transferred to B through constructive delivery.

The term 'sale on approval' refers to a sales agreement where the buyer has the option to return the purchased goods if they are not satisfied with them. This is commonly known as a 'sale on returns' basis, as the buyer can return the goods and receive a refund. It is different from a hire-purchase agreement, where the buyer pays installments to eventually own the goods, and it is also different from a restricted sale, which implies limitations or conditions on the sale. Therefore, the correct answer is 'Sale on returns' basis.

Section 27 provides the rule that the buyer does not get a better title than that of the seller. This means that if the seller does not have a good title to the property, the buyer cannot acquire a better title than what the seller had. This section ensures that buyers are aware of any potential issues with the seller's title and prevents them from being deceived or defrauded in a transaction.

A void contract is a contract that is not legally enforceable and has no legal effect. If a person is in possession of goods under a void contract, it means that the contract is not valid and has no legal standing. Therefore, the person cannot validly sell the goods because the contract itself is invalid.

When a part delivery is made with the intention of separating it from the whole, it is not treated as the delivery of the whole quantity. This means that the seller cannot claim that they have fulfilled their obligation by delivering only a part of the agreed quantity. Additionally, the ownership of the partly delivered quantity is transferred to the buyer. This means that the buyer becomes the owner of the delivered portion and can exercise their rights over it. Both of these statements reflect the legal position or the point regarding part delivery.

When the buyer rejects the entire quantity of goods due to either a short delivery or an excess delivery, it means that the contract between the buyer and the seller is still in effect and valid. The buyer's rejection does not nullify the contract, but rather highlights a discrepancy in the quantity of goods delivered. Therefore, the correct answer is "Subsisting."

In a F.O.B. (Free on Board) contract, the ownership of the goods is transferred to the buyer when the goods are loaded on board the ship. This means that once the goods are placed on the ship, the buyer becomes responsible for any risks or damages that may occur during the shipment. The seller's responsibility ends at this point, and the buyer takes ownership and assumes all further costs and risks associated with the transportation of the goods.

A voidable contract is a contract that is initially valid but can be rescinded or canceled by one or both parties involved. Until the contract is actually rescinded, it remains valid and enforceable. Therefore, if a person in possession of goods under a voidable contract sells those goods before the contract is rescinded, the buyer who purchases the goods in good faith will obtain a valid title to the goods. This means that the buyer will have legal ownership and can enforce their rights to the goods, even if the original contract is later rescinded.

The correct answer is "Not bound to accept installment delivery." This means that unless there is a specific agreement in place, the buyer is not obligated to accept delivery in installments. They have the right to refuse installment delivery and can choose to receive the goods or services in a different manner.

A C.I.F. contract refers to a contract for the sale of goods where the price includes the cost of goods, insurance, and freight charges. This means that the seller is responsible for arranging and paying for the transportation of the goods to the buyer's destination, as well as insuring the goods against any damage or loss during transit. The buyer, on the other hand, is responsible for paying the cost of the goods, as well as any import duties or taxes. This type of contract is commonly used in international trade to provide clarity and protection for both the buyer and the seller.

In a contract through sea route, where the seller has to put the goods on board a ship at his own expenses, the contract is known as F.O.B. contract. F.O.B. stands for Free on Board, and it means that the seller is responsible for delivering the goods to the specified port and loading them onto the ship. Once the goods are on board, the buyer assumes responsibility for any further transportation, insurance, and costs. This type of contract is commonly used in international trade and determines the point at which the risk and ownership of the goods transfer from the seller to the buyer.

All of these modes of delivery are considered effective for a valid contract of sale. Actual delivery refers to physically transferring the goods from the seller to the buyer. Symbolic delivery involves the transfer of something that represents the goods, such as keys or documents. Constructive delivery occurs when the seller gives control or possession of the goods to the buyer, even though the goods may not physically move. All three modes of delivery can establish the necessary elements of a valid contract of sale.

Delivering the keys of a godown in which the goods sold are stored signifies symbolic delivery. This means that the physical transfer of the keys represents the transfer of ownership or control of the goods stored in the godown. It is a way of symbolically handing over the possession and control of the goods to the buyer without physically moving the goods. This type of delivery is commonly used when the goods are too large or impractical to physically hand over to the buyer.

When the goods are in the possession of a third person at the time of sale, the effective delivery takes place when the third person acknowledges to the buyer that he holds the goods on the buyer's behalf. This means that the third person confirms to the buyer that they are holding the goods on the buyer's behalf, indicating that the buyer now has the legal right to possess and control the goods. This acknowledgement serves as a transfer of possession from the third person to the buyer, completing the effective delivery of the goods.

When a part delivery is made in progress of the whole delivery, it is treated as the delivery of the whole quantity. This means that the ownership of the entire quantity is transferred to the buyer. This is the legal position on the matter, as recognized under the Art. Therefore, both of these statements are correct.

The term 'possession of goods' refers to the act of having physical control or custody over goods, without necessarily implying ownership. This means that a person can have possession of goods without actually being the owner. Therefore, the correct answer is "Custody of goods."

The correct answer is "Unilateral act of seller" because the ascertainment of goods refers to the process of determining the specific goods that will be included in a contract. This is typically done by the seller, who selects and identifies the goods that will be delivered to the buyer. It is a unilateral act because it is performed by one party (the seller) without requiring any input or agreement from the buyer.

Transfer of documents of title to the goods sold to the buyer, amounts to symbolic delivery. Symbolic delivery refers to the transfer of possession of goods through the transfer of documents of title, such as bills of lading or warehouse receipts. It signifies that the buyer has legal control over the goods, even though physical possession may still be with the seller or a third party. This type of delivery is commonly used in situations where the goods are not physically movable or easily accessible.

The statement "There is no provision in the Sale of Goods Act providing rules for the transfer of ownership in case of sale of goods on approval" is incorrect. The Sale of Goods Act does provide rules for the transfer of ownership in case of sale of goods on approval.

When the question refers to the sale of standing trees, it means that the trees are still standing and have not been cut down. The correct answer states that the property passes to the buyer when the trees are "felled and ascertained." This means that the trees must be cut down (felled) and their quantity, quality, or value must be determined (ascertained) before the property can be transferred to the buyer. This is logical because until the trees are felled and assessed, their exact characteristics and value cannot be determined accurately.

In the case of a sale on approval, if the goods are not returned within a reasonable time, the seller becomes entitled to recover the price of the goods. This means that if the buyer does not return the goods within the agreed-upon timeframe, the seller has the right to demand payment for the goods as if they were sold outright. This is because the buyer has essentially accepted the goods by keeping them beyond the approved period, and the seller should be compensated for the sale.

The statement "Risk passes with the ownership" is not an absolute rule of law without any exceptions. In some cases, the risk may not pass with ownership depending on the specific circumstances and agreements between the parties involved. Therefore, the correct answer is False.

In the case of sale of specific goods on instalments, the ownership is not transferred to the buyer at the time of making the contract or paying the first installment. Instead, the ownership is transferred to the buyer only after the full payment of all instalments has been made. Therefore, the correct answer is "None of these."

When a seller wrongfully refuses to deliver unascertained goods to the buyer, the buyer can file a suit for recovery of damages. This means that the buyer can seek compensation for any losses or harm they have suffered as a result of the seller's refusal to deliver the goods. This could include financial losses, inconvenience, or any other negative impact caused by the seller's actions. The buyer may also be entitled to other remedies depending on the specific circumstances, but in this case, the correct answer is damages.