Question 3 OR (b)
Passing of property in specific goods
6 marks
- Time to write
- About 12 minutes
From an older CBCS paper
Question
Question 3 OR (b) · 6 marksIn case of specific goods, Discuss the rules as to passing of property.
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
- DiscussEach point named and explained, not just listed.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Intention of the parties (section 19) 2 marks 3 min
- 2 Sections 20 to 22 4 marks 7 min
- Check: every ask answered, key terms underlined 1 min
Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.
Try it first. About 12 minutes for 6 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.
General rule. In a contract for the sale of specific or ascertained goods, property passes to the buyer when the parties intend it to pass; their intention is gathered from the terms of the contract, their conduct and the circumstances of the case (s. 19).
Rules for specific goods (sections 20 to 22), unless a different intention appears:
- Specific goods in a deliverable state (s. 20): under an unconditional contract the property passes when the contract is made, whether or not the time of payment or delivery, or both, is postponed.
- Specific goods to be put into a deliverable state (s. 21): where the seller is bound to do something to put them into a deliverable state, the property does not pass until it is done and the buyer has notice of it.
- Specific goods to be weighed, measured or tested to ascertain the price (s. 22): where specific goods are ready for delivery but the price can be worked out only after the seller weighs, measures or tests them (or does some other act he is bound to do for that purpose), the property passes only once he has done so and the buyer knows it.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Intention of the parties (section 19) | 2 |
| 2 | Sections 20 to 22 | 4 |
| Total | 6 |
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