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X purchased a DVD at a public auction. Neither Auctioneer nor X knew at that time that the DVD was a stolen property. In such case, true owner can:
- a)Recover the goods from X
- b)Sue the Auctioneer for fraud
- c)Both (a) and (b)
- d)Either (a) or (b)
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
X purchased a DVD at a public auction. Neither Auctioneer nor X knew a...
Explanation:
In this scenario, where X purchased a DVD at a public auction without knowing that it was stolen, the true owner can recover the goods from X. This is because the true owner retains the right to reclaim stolen property, regardless of whether the person in possession of the stolen property (X) was aware of its stolen status or not.
To further elaborate, let's break down the legal principles involved:
1. Ownership and Right to Possession:
The true owner of any property holds the legal title and has the right to possess it. This right continues even if the property is stolen or wrongfully taken from the true owner.
2. Voidable Title:
When a thief steals property and sells it to an innocent buyer, the buyer obtains what is called a "voidable title." This means that the buyer's ownership of the stolen property is legally valid unless and until the true owner exercises their right to reclaim it.
3. Right of Recovery:
The true owner has the right to recover their stolen property from anyone who possesses it, including innocent purchasers like X. The law prioritizes protecting the true owner's rights over the rights of those who innocently acquired the stolen property.
4. Auctioneer's Liability:
In this scenario, the auctioneer cannot be held liable for fraud because neither the auctioneer nor X had knowledge that the DVD was stolen. The auctioneer acted as a mere seller of the goods and did not engage in any fraudulent or deceptive conduct.
Therefore, the correct answer is option 'A' - the true owner can recover the goods from X. This is based on the principle that the true owner retains the right to reclaim stolen property, even from innocent buyers, as their ownership rights take precedence over the rights of innocent purchasers.
In this scenario, where X purchased a DVD at a public auction without knowing that it was stolen, the true owner can recover the goods from X. This is because the true owner retains the right to reclaim stolen property, regardless of whether the person in possession of the stolen property (X) was aware of its stolen status or not.
To further elaborate, let's break down the legal principles involved:
1. Ownership and Right to Possession:
The true owner of any property holds the legal title and has the right to possess it. This right continues even if the property is stolen or wrongfully taken from the true owner.
2. Voidable Title:
When a thief steals property and sells it to an innocent buyer, the buyer obtains what is called a "voidable title." This means that the buyer's ownership of the stolen property is legally valid unless and until the true owner exercises their right to reclaim it.
3. Right of Recovery:
The true owner has the right to recover their stolen property from anyone who possesses it, including innocent purchasers like X. The law prioritizes protecting the true owner's rights over the rights of those who innocently acquired the stolen property.
4. Auctioneer's Liability:
In this scenario, the auctioneer cannot be held liable for fraud because neither the auctioneer nor X had knowledge that the DVD was stolen. The auctioneer acted as a mere seller of the goods and did not engage in any fraudulent or deceptive conduct.
Therefore, the correct answer is option 'A' - the true owner can recover the goods from X. This is based on the principle that the true owner retains the right to reclaim stolen property, even from innocent buyers, as their ownership rights take precedence over the rights of innocent purchasers.
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Community Answer
X purchased a DVD at a public auction. Neither Auctioneer nor X knew a...
If Its Stolen ,Then Its But Obvious thing that True owner of good can Claim his goods,X is bound to return him his good. Here X can sue on Auctioneer/or the one Who is selling good(From Whom he purchased good)
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X purchased a DVD at a public auction. Neither Auctioneer nor X knew at that time that the DVD was a stolen property. In such case, true owner can:a)Recover the goods from Xb)Sue the Auctioneer for fraudc)Both (a) and (b)d)Either (a) or (b)Correct answer is option 'A'. Can you explain this answer?
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X purchased a DVD at a public auction. Neither Auctioneer nor X knew at that time that the DVD was a stolen property. In such case, true owner can:a)Recover the goods from Xb)Sue the Auctioneer for fraudc)Both (a) and (b)d)Either (a) or (b)Correct answer is option 'A'. Can you explain this answer? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about X purchased a DVD at a public auction. Neither Auctioneer nor X knew at that time that the DVD was a stolen property. In such case, true owner can:a)Recover the goods from Xb)Sue the Auctioneer for fraudc)Both (a) and (b)d)Either (a) or (b)Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for X purchased a DVD at a public auction. Neither Auctioneer nor X knew at that time that the DVD was a stolen property. In such case, true owner can:a)Recover the goods from Xb)Sue the Auctioneer for fraudc)Both (a) and (b)d)Either (a) or (b)Correct answer is option 'A'. Can you explain this answer?.
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