Question 2 (b)

Car obtained at gunpoint and resold to a buyer in good faith

5 marks

Time to write: About 10 minutes

From an older CBCS paper

Question

Question 2 (b) · 5 marks

At gunpoint, A forces B to sell him his car for Rs. 60,000, and then sells it for Rs. 6 lacs to C, who buys it in good faith, unaware that A had bought it from B by force. Later, B sues C to get the car back. Will he succeed?

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

10 minfor 5 marks

Read from the question

Will he succeed…?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

A step that gives the answer away stays hidden: tap it to see it.

Read the facts; underline who did what, and the exact question 1 min
1 Coercion; voidable contract 2 marks 3 min
2 Section 29 2 marks 3 min
3 Application and conclusion 1 mark 2 min
Check: section named, answer stated in one line 1 min

123

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks. End with step 3 in a line or two.

Try it first. About 10 minutes for 5 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.

Provisions.

Coercion (s. 15) is the committing of, or the threat to commit, an act forbidden by the Indian Penal Code, to the prejudice of any person, in order to make someone enter into an agreement; an agreement so caused is voidable at the option of the party coerced.
Sale by a person in possession under a voidable contract (s. 29): where the seller has obtained possession of the goods under a contract voidable for coercion, fraud, misrepresentation or undue influence, and that contract had not yet been rescinded when he sold them, the buyer acquires a good title, provided he buys in good faith and without notice of the seller's defect of title.

Application. A forced B at gunpoint to sell him the car for Rs. 60,000: that is coercion, so the sale is voidable at B's option. Before B rescinded it, A sold the car to C for Rs. 6 lacs, and C bought in good faith, not knowing how A had obtained it. As the contract had not been rescinded when A sold, C acquired a good title.

Conclusion. B will not succeed against C; his remedy is against A.

Where the 5 marks sit

#	Component	Marks
1	Coercion; voidable contract	2
2	Section 29	2
3	Application and conclusion	1
	Total	5

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