Ram of Mumbai order Bill of Delhi for the supply of certain goods. The...
- In contracts of sale, risk typically passes with ownership, unless otherwise agreed.
- In this scenario, ownership transferred to Ram once the goods were dispatched.
- The station master notifying Ram indicates that the goods were ready for delivery.
- Since the goods were destroyed after arrival and before Ram took delivery, the loss falls on Ram.
- Therefore, Bill can claim the payment as the goods were considered to be Ram's property upon dispatch.
Ram of Mumbai order Bill of Delhi for the supply of certain goods. The...
The correct answer is option 'C' - Yes, the property transferred to Ram.
Explanation:
- Ram of Mumbai ordered goods from Delhi, which means there was an agreement between Ram and the supplier in Delhi for the supply of certain goods.
- The station master of Mumbai informed Ram about the arrival of the goods, indicating that the goods have reached the destination.
- According to the Indian Sale of Goods Act, 1930, the property in the goods is transferred from the seller to the buyer when the parties intend it to be transferred.
- In this case, since the goods have arrived at the destination and Ram has been informed about it, it can be inferred that the parties intended the property in the goods to be transferred to Ram.
- The fact that the goods are destroyed before Ram could take the delivery does not affect the transfer of property.
- Once the property is transferred to Ram, he becomes the owner of the goods and is entitled to the benefits and risks associated with it.
- Therefore, Ram can claim the money for the goods from the supplier in Delhi as the property has been transferred to him.
Importance of Delivery:
- Delivery is an essential element in the transfer of property in goods.
- It signifies the voluntary transfer of possession from the seller to the buyer.
- However, in this case, even though Ram has not taken physical delivery of the goods, the property is still considered to be transferred to him.
Exceptions to Delivery:
- The Indian Sale of Goods Act provides certain exceptions to the rule of delivery. These exceptions include:
1. When there is an agreement between the buyer and the seller for the transfer of property at a future date or on the happening of a specific event.
2. When the goods are in a deliverable state, but the seller is required to do something to put them into a deliverable state.
3. When the goods are in the possession of a third party, who is holding them as bailee for the seller.
Conclusion:
- In this case, since the goods have arrived at the destination and Ram has been informed about it, the property in the goods is considered to be transferred to him.
- Therefore, Ram can claim the money for the goods from the supplier in Delhi.