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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.
APPEARS IN
संबंधित प्रश्न
Principle: Mere silence as to facts likely to affect the decision of a person to enter into a contract is not a fraud.
Facts: A sells to B (A‘s daughter who is a minor) a horse which A knows to be unsound. A says nothing to B about the unsoundness of the horse.
Principle: Terms of any written contract can be proved by producing the written contract only and oral evidence is excluded.
Facts: A gives B receipt for money paid by B. Oral evidence is offered to prove payment.
Consists of legal proposition(s)/ principle(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering these questions, you must not rely on any principle except the principles that are given herein below for every 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, even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. It is not the objective of this section to test your knowledge of the law.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: When a person who has made a promise to another person to do something does not fulfill his promise, the other person becomes entitled to receive, from the person who did not fulfill his promise, compensation in the form of money.
Facts: ‘X’ made a promise to ‘Y’ to repair his car engine. ‘Y’ made the payment for repair. After the repair, ‘Y’ went for a drive in the same car. While driving the car, ‘Y’ met with an accident due to the bursting of a tire.
Legal Principle: A characteristic feature of partnerships is the principle of mutual agency, i.e., every partner is an agent for every other partner and will hence be able to bind them by his act, within the business of the partnership.
Fact Situation: Ram and Shyam are partners of M/s R & S Trading Company which trades in rice varieties. Ram agrees to purchase ten tons of rice from Govind. Ram dies after the rice is delivered to the premises of M/s R & S Trading Company but before the payment of the price is made. Is the agreement binding on Shyam?
Which of the following statements is the most appropriate in relation to the legal principle stated above?
A and B Hindu couples were married to each other. Owing to differences between them they decided to get divorced. They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.
How many members are required to support the introduction of a No-Confidence Motion in the Lok Sabha?
Mark the incorrect answer
The main purpose of the Law of Contract is
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it.
Factual Situation: Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St. Thomas Mount via Mandaveli. However, the driver mistakenly took the wrong direction and the two girls were dropped at a distance of 2Vi miles from Mandaveli on the highway. With no other transportation in sight nor a place to stay, the two had to walk 2V4 miles at midnight. Later they filed a case against the bus company and claimed 5,000 as damages for the inconvenience caused in having to walk and 6,500 for Sushmita having fallen ill by catching a cold during the night.
Decision:
LEGAL PRINCIPLE: An agreement is void if the court regards it as opposed to the public policy.
FACTUAL SITUATION: Sunita, while her husband Shankar was alive, promised to marry Neel in the event of Shankar's death. Subsequently, Shankar died, but Sunita refused to marry Noel. Neel sues Sunita for damages for breach of promise.
DECISION:
Study the following information and answer the questions that follow:
Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.
Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
Rule B. If a movable thing is attached to the land or any building on the land than it becomes a 'fixture'.
Factual Situation 1: Khaleeda wants to sell a plot of land she owns in Beghmara (Meghalaya) and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for ₹60 lakh. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-colored radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
Situation 2:
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.
Rule C If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land, it becomes a fixture. Applying Rules A and C, to the fact situations in questions Situation 1 and Situation 2, as a judge you would decide in favour of
