Question 3 (a) part iii
Stolen car resold
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 3 (a) part iii · 3 marks- R purchased a second hand motor car from D and used it for four months. It then came to light that the car was a stolen one, so that D had no title to it. Compelled to hand the car back to its true owner, R sued D for the recovery of the purchase price. Was R entitled to do so ?
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Was R entitled…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).
What the paper leaves open
Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (iii) The stolen car 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(iii) The stolen car. In every contract of sale there is an implied condition that the seller has a right to sell the goods (s. 14(a)); if he has no title, the buyer can reject the goods and recover the price. D had no title to the stolen car, and R had to return it to the true owner. R was entitled to recover the whole purchase price from D, notwithstanding his four months' use of the car, because the condition as to title was broken and he got nothing of what he bargained for.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (iii) The stolen car | 3 |
| Total | 3 |
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