Transfer of Ownership and Delivery of Goods – Test 8

Delivery made to Carrier whether named by the Buyer or not, for the purpose of transmission to the Buyer or to a Wharfinger for safe custody, shall be prima facie deemed to be a delivery to the Buyer. It is

To make an effective delivery to the Buyer, delivery can be made to a Wharfinger for the purpose of

In a contract for the sale of a machine embedded in a floor, the machine was damaged partly in the process of removal. The buyer declines to accept the machine. Can he do so ?

If the buyer becomes insolvent after transfer of property in goods, but before getting the possession of the goods

X agrees to sell to Y his two motor cars on the terms that the price was to be fixed by Z. Y takes the delivery of one car immediately. Z refuses to oblige X and Y and fixes no price. X asks for the return of the car already delivered whereas Y insists on the delivery of the second car to him for a reasonable price of both the cars. Decide the case.

Transfer of property in goods take place, if the goods are not in deliverable sate when

A sold a machine to B on the approval basis without fixing any period, within which B must approve the machine, B used it for six months and then he wanted to return the machine. A refused to take it back and the suit was filed. Decide

Goods delivered to any person authorized to hold them on behalf of the bailee is type of which delivery

Unless otherwise agreed, the expenses of a incidental to putting the goods into a deliberate state shall be borne by the

Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer, or delivery of the goods to a wharfinger for sale custody, is prima facie deemed to be

When the seller is ready and willing to deliver the goods and requests the buyer to take delivery, and the buyer does not, within a reasonable time after such request, take delivery of the goods

Where the seller delivers to the buyer a quantity of goods less than the contracted to sell, and the if the buyer accepts the goods so delivered, he shall pay for them

Goods in transit may be deteriorated due to any or several of the following reasons :

X of kolkata agree to sell 400 tons of wheat to Y of Delhi to be shipped in November or December 2006 X puts the rice on ship on 20 October 2006. Is the buyer bound to accept the consignment ?

If any one of the joint owners in the possession of  goods, sells the goods with the permission of the other joint owners, the buyer

When the Buyer has rejected the goods an intimated the Seller thereto, and the Seller refuses to take back the Goods, the Buyer –

Buyer is not bound to return rejected goods. It is sufficient if the Buyer –

Unless otherwise agreed, the ___ shall make a contract with the Carrier or Wharfinger, for safe transmission or safe custody, having regard to the nature of the Goods and other circumstances –

As per Section 42 of the Sale of Goods Act, acceptance of goods by the Buyer can be –

When Goods are sent by sea-route, the Seller ____ give notice to Buyer so as to enable him to insure the Goods during transit –

Unless otherwise agreed, where Goods are delivered to Buyer and he refuses to accept them (having the right to do so) the Buyer is not bound to return them to the Seller. It is –

Apart from any express contract, the seller of the goods is

______ means an act involving the section and ear marking or separation, of goods with the intention of using the goods in performance of contract of sale.

Saree was sent by X to Y on ‘sale or return’ basis. Y pledged the saree with Z. Discuss the rights and liabilities of the parties.

X agreed to purchase from Y under two contracts 1000 tonnes of sugar each to be delivered on different dates. X failed to take delivery under the first contract. There upon Y rescinded the second contract too. Is he justified

X sells a car by auction to Y, who is the highest bidder, Y offers to pay for the car by a cheque and he is allowed to do so provided he signs a document stating that the property in the car would not pass to him until the amount of the cheque has been credited to the Seller’s account. The cheque is subsequently dishonoured. X asks Y to return back the car as he has not become the owner of the car because the cheque given by him has been dishonoured. Decide

Unless otherwise agreed, the buyer of goods in case of delivery in installments

If the buyer or his agent in his behalf obtains delivery of the goods before the arrival at the appointed destination, the transit is

X agrees to sell to Y 1000 bags of salt which are in his godown. Before the date of delivery the godown gets flooded with water. As a result 1000 bags of salt were destroyed. Does Y have any rights against X ?

X sells to Y a horse which is to be delivered to Y the next week. Y is to pay the price on delivery. X asks his servant to keep the horse separate from other horses. The horse, however, dies before it is delivered and paid for, who shall bear the loss ?