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A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.?
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A sold 1000 tins of oil to B without appropriating any particular oil ...
Explanation:
When A sells 1000 tins of oil to B without appropriating any particular oil to the contract, it is a case of sale of unascertained goods. In this case, the property in the goods does not pass to the buyer until the goods are ascertained.
A's Right of Lien:
As per Section 47 of the Sale of Goods Act, 1930, the seller has the right of lien over the goods until the full payment is received. In this case, B became insolvent and thus A became the unpaid seller. As an unpaid seller, A can exercise his right of lien and refuse to make delivery to C until the payment is received from B.
C's Delivery Order:
When B sold 600 tins to C and gave a delivery order addressed to A, it means that B authorized A to deliver the goods to C. However, C lodged the delivery order with A requesting him to "await" his orders. This means that C did not give any specific instructions to A regarding delivery.
A's Right to Refuse Delivery to C:
In this situation, A cannot exercise his right of lien and refuse to make delivery to C. This is because the delivery order given by B to C creates a right in favor of C to take delivery of the goods. However, A can hold the goods until he receives payment from B. Once payment is received, A must deliver the goods to C as per the delivery order.
Conclusion:
In conclusion, A can exercise his right of lien and refuse to make delivery to C until payment is received from B. However, A cannot exercise his right of lien and refuse to make delivery to C based on the delivery order given by B to C.
When A sells 1000 tins of oil to B without appropriating any particular oil to the contract, it is a case of sale of unascertained goods. In this case, the property in the goods does not pass to the buyer until the goods are ascertained.
A's Right of Lien:
As per Section 47 of the Sale of Goods Act, 1930, the seller has the right of lien over the goods until the full payment is received. In this case, B became insolvent and thus A became the unpaid seller. As an unpaid seller, A can exercise his right of lien and refuse to make delivery to C until the payment is received from B.
C's Delivery Order:
When B sold 600 tins to C and gave a delivery order addressed to A, it means that B authorized A to deliver the goods to C. However, C lodged the delivery order with A requesting him to "await" his orders. This means that C did not give any specific instructions to A regarding delivery.
A's Right to Refuse Delivery to C:
In this situation, A cannot exercise his right of lien and refuse to make delivery to C. This is because the delivery order given by B to C creates a right in favor of C to take delivery of the goods. However, A can hold the goods until he receives payment from B. Once payment is received, A must deliver the goods to C as per the delivery order.
Conclusion:
In conclusion, A can exercise his right of lien and refuse to make delivery to C until payment is received from B. However, A cannot exercise his right of lien and refuse to make delivery to C based on the delivery order given by B to C.
Community Answer
A sold 1000 tins of oil to B without appropriating any particular oil ...
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A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.?
Question Description
A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? 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 A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.?.
A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? 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 A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.?.
Solutions for A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? in English & in Hindi are available as part of our courses for CA Foundation.
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ample number of questions to practice A sold 1000 tins of oil to B without appropriating any particular oil to the contract. B sold 600 tins out it to C and gave delivery order addressed to A. C lodged the delivery order with A requesting him to “await” his orders. Meanwhile, B became insolvent and thus A became the unpaid seller. (a) A can exercise his right of lien and refuse to make delivery to C. (b) A cannot exercise his right of lien and refuse to make delivery to C.? tests, examples and also practice CA Foundation tests.
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