Question 3 (c)
Seller in possession resells: can the first buyer recover the TV?
6 marks
- Time to write
- About 12 minutes
Question
Question 3 (c) · 6 marksA 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
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
- Read the facts; underline who did what, and the exact question 1 min
- 1 Section 30(1): sale by a seller in possession 3 marks 5 min
- 2 Application and conclusion 3 marks 5 min
- 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
| # | Component | Marks |
|---|---|---|
| 1 | Section 30(1): sale by a seller in possession | 3 |
| 2 | Application and conclusion | 3 |
| Total | 6 |
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