A of Mumbai writes to B of Delhi to send him a book by post parcel. The parcel is lost on the way. Can B recover the price?a)No, delivery to post office is not a delivery to buyerb)Yes, delivery to post office is delivery to buyerc)No, B has not got the bookd)NoneCorrect answer is option 'B'. Can you explain this answer?

Question

Answer

Answer:

Background:

In this scenario, A of Mumbai writes to B of Delhi requesting B to send him a book by post parcel. However, the parcel gets lost in transit. The question asks whether B can recover the price of the book.

Analysis:

To determine whether B can recover the price, we need to consider the legal implications of the delivery and ownership of the book. The key factors to consider are:

Delivery to Post Office: In this case, B has delivered the book to the post office as requested by A. This can be considered as a delivery to the buyer, A, because the post office is acting as an agent of the buyer for the purpose of delivery.

Loss of Parcel: The parcel gets lost on the way, which means A never receives the book.

Explanation:

According to the principles of contract law, the general rule is that the risk of loss or damage to goods passes from the seller to the buyer upon delivery. In this case, the delivery to the post office can be considered as a delivery to the buyer, A. Therefore, the risk of loss passes to A upon delivery to the post office.

Since the parcel is lost in transit, it can be argued that A has not received the book. However, this does not affect the fact that the delivery was made to the buyer through the post office. Therefore, B has fulfilled their obligation of delivering the book, and A is considered to have received the book.

As a result, B can recover the price of the book from A. The loss of the parcel does not absolve A from their obligation to pay for the book, as the risk of loss had already passed to A upon delivery to the post office.

Conclusion:

Based on the analysis of the delivery and ownership of the book, B can recover the price of the book from A. The loss of the parcel does not affect the fact that the delivery was made to the buyer through the post office, and therefore, A is still obligated to pay for the book.

Answer

- When A sends the book by post parcel, the post office acts as an agent for delivery.
- Once A dispatches the parcel, the responsibility typically shifts to the buyer, B.
- According to common commercial practices, when goods are sent via post, the risk of loss during transit is borne by the buyer unless otherwise agreed.
- Therefore, delivery to the post office is considered delivery to the buyer, allowing B to recover the price from A if the parcel is lost.

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