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प्रश्न
Legal Principle: An essential condition in a contract for the sale of goods is that the seller has title over the goods sold.
Fact Situation: Ranjan pays rupees two thousand and buys a watch from Mohit who runs a watch showroom and a repair shop. Jatin sees the watch with Ranjan and tells him that it is his watch and was only given to Mohit for repairs. If what Jatin says is true
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Ranjan is now the owner of the watch since he paid rupees two thousand for it.
Ranjan is not the owner of the watch since Mohit did not have a title to it.
Mohit must pay Jatin rupees two thousand since he sold Jatin’s watch.
Mohit is the owner of the watch since he sold it to Ranjan.
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उत्तर
Ranjan is not the owner of the watch since Mohit did not have a title to it.
Explanation:
Rules as to title: There is an implied condition on the part of the seller that, in the case of a sale, he has the right to sell the goods, and in the case of an agreement to sell, he will have the right to sell the goods when the property is to pass. Thus if the seller has no title to the goods, the buyer can reject the goods, or if he has taken possession of the goods and is deprived of it by the real owner, the buyer can recover the full price of the goods even if he has made use of them. A bought a motor-car from and used it for 4 months. B had no title to the car because he has obtained the possession by theft and consequently A had to surrender it to the real owner. A was entitled to recover from B the full price even though he used the car for 4 months. (Rowland Vs. Divall). Hence option (b) is the most appropriate. Mohit did not have title to the watch so he can not pass it to Ranjan so neither Mohit nor Ranjan is the owner of the watch.
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संबंधित प्रश्न
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Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.
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The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that is given hereinbelow for the question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
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LEGAL PRINCIPLES:
1. Once a person accepts another's an offer, and signifies such acceptance to the former, a contract comes into existence between them.
2. Uncertain agreements are void agreements.
3. Rejected offers can be accepted only if renewed.
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DECISION:
Principle: Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
Factual Situation: Roxanne supplies designer clothes to big showrooms and famous cloth houses. Max agrees to buy a certain consignment of only pink designer clothes for his shop due to the pink coloured theme of his famous shop. The issue cropped up when the exclusive pink coloured dresses were not delivered to Max's showroom, but to some other buyer, who had earlier contracted with Roxanne's store and all this was neither in the knowledge of Roxanne nor Max Decide whether the contract between Roxanne and Max is void?
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DECISION:
