Advertisements
Advertisements
Question
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?
Options
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.
Advertisements
Solution
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
RELATED QUESTIONS
Principle: The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.
Facts: 'A‘ sent a letter making a proposal to 'B‘ to purchase the house of B.
Sheela, an adult married woman, agreed to live in adultery with Rahul and also agreed to serve him as his housekeeper. In return, Rahul, an adult agreed to pay Sheela ₹ 5000 per month for living in adultery and ₹ 5000 per month for housekeeping, the agreement is
LEGAL PRINCIPLE Where the parents of a minor child due to their negligence allow the child an opportunity to commit a tort, the parents are liable.
FACTUAL SITUATION The father supplied an airgun to his son who was about to turn 18 next month. After some complaints of mischief. the father took the gun away and placed it in a corner of their storeroom which was used by the family to store surplus and other unnecessary stuff. The son took it out of the store and shot A. A sued his father. Is the father liable? DECISION:
From the four answers given below, Choose the appropriate answer.
All contracts are agreements. All agreements are accepted offers. Which of the following derivation is correct?
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.
Principle: Law does not take notice of trifles.
Facts: A proposes to his neighbour B that they both should go together for a morning walk. B agrees to the proposal and it is decided that both of them would meet at a particular point at 6 AM from where they would set off for the morning walk. In spite of the agreement, B does not turn up. A waits for him at 6 AM every day for a continuous period of seven days. Thereafter he files a suit against B claiming damages for the agony and mental torture suffered by him. Decide.
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.
Principle: A contract procured by coercion is bad under the Indian Contract Act. Coercion is defined as committing or threatening to commit any act forbidden by the Indian Penal Code. Attempt to commit suicide is an offence under the India Penal Code.
Facts: A wanted his wife B to part with some landed property given to her by her father. B resisted fearing that her husband would squander it away. A threatened her that if she does not sign the deed transferring the property to him (i.e., A), he would commit suicide. B signed the deed. Subsequently, she challenged the deed on the ground that the deed was bad under law.
Principle: Minor's agreement is void from the very beginning. It can never be validated. It cannot be enforced in the court of law.
Facts: 'A', a boy of 16 yrs of age, agree to buy a camera from 'B', who is a girl of 21 yrs of age. Which of the following derivations is correct?
Principle: When a future event on which a contract is dependent is the way in which a person will act at an unspecified time, then the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. If the event becomes impossible such agreements become void.
Factual Situation: A agrees to pay B a sum of ₹1 if B marries D in A's lifetime. D marries E and soon thereafter. A dies. Whether an agreement between A and B could be enforced if E dies within 1 year of marriage and B marries D?
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: An unlawful interference with a person's use or enjoyment of land or some right over or in connection with it is a nuisance in tort. The fact that the plaintiff "came to the nuisance" by knowingly acquiring property in the vicinity of the defendant's premises is not a defense to nuisance. However, an act cannot be a nuisance if it is imperatively demanded by public convenience. Thus, when the public welfare requires it, a nuisance may be permitted for special purposes.
Factual Situation: D owned and occupied an estate about two miles from RAF Wittering, an operational and training base for Harrier Jump Jets. D claimed that they suffered severe noise disturbance every time the Harrier pilots carried out training circuits: an average of 70 times a day. D alleged that the noise nuisance constituted a very serious interference with their enjoyment of their land. D instituted judicial proceedings against the defendants, the Ministry of Defence (MoD), damages amounting to Rs. 1,00,00,000.
The MoD denied liability and raised the defence that the Harrier training was undertaken for the public benefit and that they had prescriptive right over the land as D had bought their property at a time when RAF Wittering was already established so he cannot claim compensation as he already knew about the existence of RAF Wittering near his property.
Decision:
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
1. A contract comes into being from the acceptance of an offer, When the person to whom the offer is made signifies his assent thereto, the proposal is said to be accepted and the parties are at consensus and idem regarding the terms of the agreement.
2. Consideration is something that moves from the promise to the promisor, at the implied or express request of the latter, in return for his promise. The item that moves can be a right. interest, profit, loss, responsibility given or suffered, forbearance, or a benefit which is of some value in the eyes of law.
3. Contractual rights and liabilities are exclusive to the parties to contract.
4. There are few exceptions to the doctrine of privity of contracts like agency, trust, assignment, and third party beneficiary.
5. A quasi-contract is a contract that is created by the court when no such official contract exists between the parties to prevent a party from being unjustly enriched, or from benefitting from the situation when he/she does not deserve to do so.
Facts: Tanu’s brother, Ishan, tries to talk her into building a greenhouse in her large back-yard. She declines, but lshan is convinced that, if she were surprised by a lovely greenhouse, she would love it. Knowing that Tanu makes good money, and could easily afford the greenhouse, Ishan contacts greenhouse builder Aditya and arranges to have him erect the structure while his sister is at work one day.
Tanu is not happy with her brother’s initiative, but the deed is done. Ishan has directed Aditya to bill his sister for the greenhouse, and that turns out to be the biggest surprise for her. She declines to pay, and Ishan tells Aditya he cannot afford it. Aditya is now out, not only for payment for his many hours of hard work but cash for the materials he used. He files a civil suit to claim against both Tanu and Ishan. Decide.
