Question 3 (c)

Car bought under a threat to life and resold before rescission

6 marks

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

Question

Question 3 (c) · 6 marks

After giving a threat of life, A purchases B’s car for 350000. A sells the same car to C for 550000 before B could reject the contract. What type of contract is it? Can B take the car 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 take…?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

Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).

Write it in this order

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

  1. Read the facts; underline who did what, and the exact question 1 min
  2. 1 Coercion: a voidable contract 2 marks 3 min
  3. 2 Section 29: title of a buyer from a seller under a voidable contract 2 marks 3 min
  4. 3 Application and conclusion 2 marks 3 min
  5. Check: section named, answer stated in one line 2 min

Short on time? Trim steps 1–3 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.

Provisions.

  1. Coercion makes the contract voidable. Coercion means committing, or threatening to commit, an act that the Indian Penal Code forbids, with the intention of causing a person to enter into an agreement (s. 15); a contract induced by coercion is voidable at the choice of the party whose consent was obtained in that way (s. 19).
  2. Sale under a voidable contract (s. 29). Where the seller has obtained possession of the goods under a contract voidable for fraud, misrepresentation, coercion or undue influence, and he sells them before that contract is rescinded, the buyer acquires a good title, provided he buys in good faith and without notice of the seller's defect of title: X fraudulently obtains a diamond ring from Y and, before Y avoids the contract, sells it to Z, an innocent purchaser; Z gets a good title.

Application. A obtained B's car for 350000 by threatening B's life. That is coercion, so the contract is voidable at B's option. Before B could rescind, A sold the car to C for 550000. If C bought in good faith, without notice of the coercion, C gets a good title under section 29.

Conclusion. The contract between A and B is a voidable contract. If C bought in good faith and without notice of the coercion, B cannot take the car back from C, who bought before the contract was rescinded, and B's remedy is against A; if C knew of the coercion, he gets no good title and B may recover the car.

Where the 6 marks sit

#ComponentMarks
1Coercion: a voidable contract2
2Section 29: title of a buyer from a seller under a voidable contract2
3Application and conclusion2
Total6
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