Question 2 OR (a)
No seller can pass a better title than his own
10 marks
- Time to write
- About 20 minutes
From an older CBCS paper
Question
Question 2 OR (a) · 10 marks“To the buyer, a seller cannot convey a better title than he himself has”. Do you agree? Explain with examples.
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
- Do…?Explain…2 asks, each with its own marks below. Answer both.
- agreeA statement to judge: take a stand on it in your first line, and come back to it at the end.
- with examplesExamples are asked for: one short example with each point.
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 The rule (section 27), with example 3 marks 5 min
- 2 Exceptions with examples 7 marks 13 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 20 minutes for 10 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.
The rule. Yes, as a general rule (s. 27). A buyer gets no better title than his seller had: if the seller is not the owner, and sells without the owner's authority or consent, the buyer does not become the owner either. This is the maxim nemo dat quod non habet: a person can pass on only the title he holds. It protects the true owner. Example: a thief sells a stolen bicycle to a student who pays a fair price; the student gets no title, and the owner can take the bicycle back.
1A stolen cycle sold on the footpath passes no title—the buyer's cash buys him nothing.
Nemo dat quod non habetA person cannot pass on a title he does not have.
2But the agent holding the owner's car and papers with consent can pass a good title.
Sale by a mercantile agentIf he was in possession of the goods or documents of title with the owner's consent
3And the seller still holding the sold goods can pass title to an innocent second buyer.
Sale by a seller in possession after saleDelivers or transfers the goods or their documents of title to a person who receives them in good faith without notice of the previous sale
Exceptions. In the following cases a buyer who acts in good faith gets a good title from a seller who is not the owner:
- Mercantile agent (proviso to s. 27): the agent holds the goods or documents of title with the owner's consent, sells in the ordinary course of his business as a mercantile agent, and the buyer, acting in good faith, has no notice when he buys that the agent had no authority to sell. Example: a used-car dealer holding a customer's car for sale sells it below the minimum price the owner had fixed; an honest buyer keeps the car, and the owner's remedy is against the dealer.
- Joint owner (s. 28): one of several joint owners has sole possession with the others' permission, and the buyer buys in good faith without notice that he has no authority to sell. Example: two sisters jointly own a piano kept at the elder's flat with the younger's permission; the elder sells it to an honest buyer, who gets a good title.
- Possession under a voidable contract (s. 29): the seller obtained the goods under a contract voidable for coercion, fraud, misrepresentation or undue influence, and resells them before that contract is rescinded. Example: a buyer who obtained a camera by lying about his employment sells it to an honest buyer before the shop rescinds; the second buyer keeps it.
- Seller in possession after a sale (s. 30(1)): a seller who still holds the goods (or documents of title) after selling them sells them again, and the second buyer takes delivery in good faith without notice of the first sale. Example: a shop sells a refrigerator, keeps it for delivery next week, and meanwhile sells and delivers it to another customer who knows nothing of the first sale; the second customer keeps it, and the first must sue the shop.
- Buyer in possession before the property passes (s. 30(2)): a buyer who, with the seller's consent, has possession before he owns the goods sells them, and the third person takes delivery in good faith without notice of the original seller's lien or other rights. Example: a farmer takes delivery of a tractor on terms that it becomes his only on full payment, and sells it to a neighbour before paying; the neighbour, acting honestly, gets a good title.
- Unpaid seller's resale (s. 54(3)): an unpaid seller who has exercised his lien or right of stoppage and then resells gives the new buyer a good title as against the original buyer.
- Estoppel: where the true owner, by his conduct, has led the buyer to believe that the seller owns the goods or may sell them, he cannot later deny the seller's authority. Example: an owner who signs a note saying that his nephew owns the car cannot reclaim it from a buyer who relied on the note.
- Sales under other Acts: a sale by an Official Receiver or a company's liquidator, a sale by a finder of goods in the circumstances the Contract Act allows, and a sale by a pawnee on the pawnor's default all pass a valid title.
Conclusion. I agree with the statement as the general rule; the exceptions protect honest buyers, mainly where the owner has let someone else hold the goods or appear to have authority to sell them.
Where the 10 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | The rule (section 27), with example | 3 |
| 2 | Exceptions with examples | 7 |
| Total | 10 |
Report a problemopens an email to admin@getkunji.com with the question ID1855-Q2aORalready filled in.