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Directions: Read the following passage and answer the question.
Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.
Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.
Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.
Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.
An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.
[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]
Q. Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowland's legal claim be successful?
  • a)
    No, Rowland will not succeed because he was wrongfully in possession of the car.
  • b)
    No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.
  • c)
    Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.
  • d)
    Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.
Correct answer is option 'C'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Section...
When the seller lacks legal title to the goods, the sale becomes invalid. In such a situation, the seller becomes responsible for compensating any losses incurred by the buyer. Consequently, Divall bears liability in this case.
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Directions: Read the following passage and answer the question.Section...
Understanding the Legal Claim of Rowland
Rowland's legal claim against Divall hinges on the concept of ownership and the validity of the sale under the Sale of Goods Act, 1930. The key points are as follows:
Title and Ownership
- Divall sold Rowland a second-hand motor vehicle without having legal ownership of it.
- According to the Sale of Goods Act, a seller must have the title to the goods being sold; if not, the sale is void.
Defective Title
- Rowland's purchase was based on the assumption that Divall had the right to sell the vehicle.
- Since Divall did not possess legal ownership, the title was defective, making the sale invalid.
Legal Responsibility
- Under the Act, the seller is responsible for ensuring they have the right to sell the goods.
- Hence, Divall is liable to compensate Rowland for the full purchase price because he failed to fulfill this obligation.
Fraudulent Behavior
- While the case does not explicitly state fraud, Divall’s action of selling a vehicle he did not own could imply fraudulent intent.
- This strengthens Rowland's claim, as Divall could be held accountable for misrepresenting the ownership.
In conclusion, Rowland will likely succeed in his legal claim against Divall due to the defective title and the seller's responsibility to ensure ownership. The Sale of Goods Act provides a framework that protects buyers in such situations.
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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Jackson proposes to sell his bicycle to Michael for an agreed consideration of Rs. 50,000, with the understanding that the sale will take effect after a three-month period from the agreement date, which is November 1, 2019. Michael paid the agreed amount for the bicycle and acquired possession of it on February 2, 2020, asserting ownership through the sale. Is this sale legally valid?

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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer?
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Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.Section 4 of the Sale of Goods Act, 1930 specifically deals with sale and agreement to sell. It expresses that, firstly, an agreement to sell products is an agreement whereby the merchant moves or consents to move the property in merchandise to the purchaser at a cost. There might be an agreement of offer between one section proprietor and another. Secondly, an agreement to sell might be total or restrictive. Thirdly, where under an agreement to sell, the property in the merchandise is moved from the seller to the buyer, the agreement is known as a sale, yet where the exchange of the property in the products is to happen at a future time or subject to some condition from that point to be satisfied, the agreement is called an agreement to sell. Lastly, an agreement to sell turns into a sale when the time slips by or the conditions are satisfied depending upon which the property in the merchandise is to be moved.Section 4(1) defines sale as a contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price or consideration. Thus, it happens in the present.Such an event of sale is fixed, conditional and binding upon both the parties. A contract of sale is made by an idea to purchase or sell merchandise at a cost and the affirmation of such an offer. The existing goods mostly form the subject of the contract of sale. However, the goods could also be owned or possessed by the seller of future goods.Title is an important condition precedent to the sale. If it is not with the seller, then the sale will not be valid unless the condition stipulated is with respect to future goods but will be only an agreement to sale. In such a condition, the seller will be liable to compensate for any loss to the buyer.An agreement to sell can be defined as the transfer of property in goods that is to take place in future time or the transfer might take place depending on the fulfillment of certain conditions. The same had been defined in Section 4(3). An agreement to sell also becomes a sale when the given time elapses or the conditions that are needed for the transfer to happen get fulfilled. Thus, an agreement to sell establishes the terms and conditions of the offer of a property by the seller to the buyer.[Extracted with edits and revisions from Sale and Agreement to Sell: An Analysis of Statutory Provisions, blog by ipleaders]Q.Rowland purchased a second-hand motor vehicle from Divall and used it for a period of four months. However, Divall did not have legal ownership of the car, and as a result, Rowland had to return it to the actual owner. Rowland decided to take legal action to recover the full purchase price he had paid to Divall. Will Rowlands legal claim be successful?a)No, Rowland will not succeed because he was wrongfully in possession of the car.b)No, Rowland will not succeed because he should have conducted a thorough investigation into the true owner before buying the vehicle.c)Yes, Rowland will succeed since the title to the vehicle was defective, and Divall is legally responsible.d)Yes, Rowland will succeed as this case involves fraudulent behavior on the part of Divall.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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