Question 3 OR (a) part iii
Goods damaged in transit
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 3 OR (a) part iii · 3 marks- For transmission to Pappu the buyer, goods are delivered by Naresh, a seller. On 25th October the goods are loaded on a carrier, the seller not reserving any right of disposal. Who will bear the loss if the goods get damaged or destroyed on the way. Will the answer be different if the seller does reserve his right of disposal.
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
- Will the answer…?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) Goods damaged on the way 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) Goods damaged on the way. If, in carrying out the contract, the seller hands the goods to a carrier to take to the buyer without reserving a right of disposal, he is treated as having appropriated the goods to the contract unconditionally, and the property passes to the buyer (s. 23(2)). Naresh did not reserve any right of disposal, so property and risk had passed to Pappu, who bears the loss. If Naresh had reserved his right of disposal, the property would not pass till his conditions were met, and he would bear the loss.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (iii) Goods damaged on the way | 3 |
| Total | 3 |
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