Question 3 (c)

Seller in possession resells: can the first buyer recover the TV?

6 marks

Time to write
About 12 minutes
Topic
Transfer of title by non-owners

Question

Question 3 (c) · 6 marks

A sells a TV to B for 60000. Ownership has passed to the buyer, but the TV has not yet been delivered to B. By mistake, A then sells the same TV to C for 60000. Can B now take the TV back from C.

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

12 minfor 6 marks

Read from the question

  • Can B now…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).

Write it in this order

  1. Read the facts; underline who did what, and the exact question 1 min
  2. 1 Section 30(1): sale by a seller in possession 3 marks 5 min
  3. 2 Application and conclusion 3 marks 5 min
  4. Check: section named, answer stated in one line 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.

Provision (s. 30(1)). A seller who still holds the goods, or the documents of title to them, after selling them may sell them again; a later buyer who takes delivery in good faith, without notice of the earlier sale, then gets a good title, even though ownership had already passed to the first buyer. During the IPL matches P bought a TV set from R, to be delivered after some days; meanwhile R sold it to S at a higher price, and S, buying in good faith and without knowledge of the earlier sale, got a good title.

Application. Ownership of the TV passed to B, but A, the seller, remained in possession of it. By mistake A sold the same TV to C for 60000. If C bought in good faith, without notice of the sale to B, and obtained delivery, he gets a good title under section 30(1).

Conclusion. If C bought in good faith, without notice of the sale to B, and took delivery, B cannot take the TV back from C, and his remedy is against A for breach of their contract. If C does not meet those conditions, he gets no protection under section 30(1), and B, the owner, can claim the TV.

Where the 6 marks sit

#ComponentMarks
1Section 30(1): sale by a seller in possession3
2Application and conclusion3
Total6
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