Practical Problems_Sales of Goods Act_10

A purchased a car for Rs.70,000 from B who had no title for it. A used the car for eight months when the true owner of the car spotted it and demanded it from A. Can the true owner get back his car and can A recover the money from B or not ?

Practical Problems_Sales of Goods Act_9

A stock of wheat was sold at an agreed price per ton. The wheat was to be weighed by the agents of the seller as also of the buyer for ascertainment of the price. A part of the wheat was weighed and carried away by the buyer’s agent but the remainder was swept away by the flood. Who will bear the loss of the remainder?

Practical Problems_Sales of Goods Act_8

R gives his umbrella to M during raining season to be used for two days during Examinations. M keeps the umbrella for a week. While going to R’s house to return the umbrella ,M accidently slips and the umbrella is badly damaged. Who bear the loss and why?

Practical Problems_Sales of Goods Act_7

‘A’ raised a loan by pledging a Railway Receipt of goods in transit, as security, with a money lender ‘X’. ‘A’ got the Railway Receipt back from ‘X’ in order to get the goods released from the Railways. Instead, ‘A’ pledged the same Railway Receipt with another lender ‘Y’, to raise another loan. In a suit for recovery filed by ‘X’, ‘Y’ pleads estoppels against ‘X’ for not endorsing the Receipt “Under Lien Pledge” and thus, representing that the said receipt is free from lien, which facilitated ‘A’ to raise a second loan against the receipt. Decide, if estoppel is rightly invoked by ‘Y’ against ‘X’?

Practical Problems_Sales of Goods Act_6

The plaintiff, a butcher bought a carcass of a goat from the defendant, who was a meat shopkeeper in a meat market. The plaintiff in ignorance of the fact that it was exposed to tuberculosis, offered it for sale. It was seized by a Food Inspector, who adjudged the same as unfit for consumption, and condemned it to be destroyed. The plaintiff was also fined. Thereafter the plaintiff filed a suit against the defendant to recover the amount of fine and damages for breach of warranty under the Sale of Goods Act. The defendant pleaded that by usage of trade such an implied warranty was excluded. Decide.

Practical Problems_Sales of Goods Act_5

B’ purchases a motor car from ‘A’ which he uses for some months. It turns out that the car sold by ‘A’ to ‘B’ was a stolen one and has to be restored to the rightful owner. ‘B’ brings an action against ‘A’ for the return of the price. Will he succeed? Decide giving reasons.

Practical Problems_Sales of goods Act_3

Asha delivers some furniture to Bipasha on ‘sale or return’ basis. Bipasha then delivers the same furniture to Chitra, and Chitra further delivers it to Divya on similar basis. Before Divya could give her acceptance, furniture is suddenly destroyed by fire. Who is to bear the loss of furniture ? Give reasons.

Practical Problems_Sales of Goods Act_2

Ajoy finds a mobile phone lying on a table in a Coffee House. He hands over the mobile phone to Bijoy, the manager of the Coffee House, so that the true owner can claim it back. However, no one claims the mobile phone. After sometime, Ajoy goes to Bijoy, the manager, and requests him to return the mobile phone to him. On Bijoy’s refusal, Ajoy files a suit against him for recovery of the mobile phone. Will Ajoy succeed ? Give reasons.

Practical Problems_Sales of Goods Act_1

A sells his motor car to B, one cylinder of which is slightly cracked to A's knowledge. B examined the car but failed to detect the defect at the time of purchasing the car. Later on, the defect comes to the knowledge of B. Can he rescind the sale and get back the price paid by him?

Express Terms

Express terms are terms that have been specifically mentioned and agreed by both parties at the time the contract is made. They can either be oral or in writing.