Question 3 (a)
Delivery and its modes; stoppage after the buyer's agent took delivery; sale by a joint owner in possession
9 marks
- Time to write
- About 18 minutes
From an older CBCS paper
Question
Question 3 (a) · 9 marksDefine the expression “Delivery of Goods”. Explain the various modes by which goods may be effectively delivered.
A, an agent of a buyer, had taken the goods from the Railway authorities and put them on his truck. Meanwhile, the Railway authorities received a notice from B, a seller, to stop the goods in transit as the buyer had become insolvent. With reference to the provisions of the Sale of Goods Act, 1930, decide whether, as the seller instructed, the Railway authorities can stop the goods in transit ?
A, B and C were the joint owners of a truck, and B was in possession of the said truck. X purchased the truck from B, not knowing that A and C also owned it. Decide, in the light of the Sale of Goods Act, 1930's provisions, whether the sale between B and X is or is not valid ?
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
- decideA case problem: state the rule and its section, apply it to these facts, then answer in one line.
- (i)–(iii)3 items, each marked on its own: give each its share.
Write it in this order
The parts stand alone: start with the one you are surest of.
- Read the facts; underline who did what, and the exact question 1 min
- 1 (i) Delivery and its modes 3 marks 5 min
- 2 (ii) End of transit (section 51) 3 marks 5 min
- 3 (iii) Sale by a joint owner (section 28) 3 marks 5 min
- Check: section named, answer stated in one line 2 min
Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.
Try it first. About 18 minutes for 9 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.
(i) Delivery of goods. Delivery means the voluntary transfer of possession from one person to another. It may be actual (the goods are physically delivered to the buyer), constructive (a person in possession acknowledges to the buyer that he holds the goods on the buyer's behalf) or symbolic (something is delivered in token of a transfer of the goods).
(ii) The railway authorities. Goods are in course of transit from the time they are delivered to a carrier for transmission to the buyer until the buyer or his agent takes delivery of them from the carrier; once transit ends, as when the buyer or his agent obtains delivery, the seller can no longer stop the goods in transit (s. 51). A, the buyer's agent, had obtained the goods from the railway and loaded them on his truck: the transit had ended. The railway authorities cannot stop the goods, though B, the seller, sent the notice because the buyer had become insolvent.
(iii) The truck. Where one of several joint owners has sole possession of the goods with his co-owners' permission, a person who buys from him in good faith, without notice that he had no authority to sell, acquires the property in the goods (s. 28). The answer turns on how B came to have the truck. If B held it with A's and C's permission (as the facts suggest, since the three owned it jointly and B had it), X, who bought in good faith without knowing of the co-owners, gets a good title: the sale is valid, and A and C must look to B for their shares. If B had taken the truck without their permission, s. 28 does not apply, B could pass only his own share, and A and C could recover their interest from X.
Where the 9 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (i) Delivery and its modes | 3 |
| 2 | (ii) End of transit (section 51) | 3 |
| 3 | (iii) Sale by a joint owner (section 28) | 3 |
| Total | 9 |
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