'P' sold 100 refrigerators to 'Q'. They are kept in th...
The correct answer is b .it is because in constructive delivery ,delivery is effected without any change in custody or actual possession of the thing in case of delivery by attornment example warehouse man holding the goods of A agrees to hold goods on behalf of B at A's request
'P' sold 100 refrigerators to 'Q'. They are kept in th...
Understanding Delivery Types in Sales
In the context of the transaction between P and Q regarding the sale of 100 refrigerators, the type of delivery can be better understood by defining the terms involved.
Types of Delivery
- Actual Delivery: This occurs when the goods are physically handed over to the buyer. In this case, the refrigerators would need to be transported to Q.
- Constructive Delivery: This refers to a situation where the seller does not physically transfer the goods but takes actions that signify the transfer of ownership. For example, when the warehouse keeper holds the goods on behalf of the buyer, it is seen as constructive delivery.
- Symbolic Delivery: This involves giving something symbolic to indicate the transfer of ownership, such as handing over a key to a storage unit where goods are kept.
- Structural Delivery: This type is not commonly defined in standard sales law. It may refer to specific arrangements in certain contexts but lacks a clear definition in most legal frameworks.
Why Constructive Delivery is Correct
In this scenario, the key points that clarify the answer as 'constructive delivery' are:
- Warehouse Keeper's Role: The warehouse keeper's custody of the refrigerators signifies that they are held for Q, establishing a relationship of trust and transfer of ownership.
- Intent of the Seller: P's instructions to the warehouse keeper indicate an intention to deliver the goods to Q without the need for physical transfer.
- Legal Implications: Legally, constructive delivery suffices for transferring ownership, especially when physical transfer is impractical.
Therefore, while the answer may suggest 'structural' delivery, it aligns more accurately with the concept of constructive delivery, where the intent and arrangements indicate that ownership has been effectively transferred to Q.
To make sure you are not studying endlessly, EduRev has designed CA Foundation study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CA Foundation.