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X purchased papers from Y and resold them to Z, who found that the papers were infected with white ants and returned them to X. Can X return the goods to Y?
- a)No
- b)Yes
- c)Z has to return directly
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
X purchased papers from Y and resold them to Z, who found that the pap...
Background:
- X purchased papers from Y.
- X resold the papers to Z.
- Z found that the papers were infected with white ants.
- Z returned the papers to X.
Question: Can X return the goods to Y?
Answer: No (Option A)
Explanation:
To explain why X cannot return the goods to Y, we need to consider the following points:
1. Contractual Relationship:
- X purchased the papers from Y, which establishes a contractual relationship between X and Y.
- When X resold the papers to Z, a separate contractual relationship was established between X and Z.
2. Privity of Contract:
- The principle of privity of contract states that only parties who are part of a contract can enforce its terms or be held liable under it.
- In this case, Y and X are the parties to the original contract, and Z is not a party to that contract.
3. Transfer of Ownership:
- When X resold the papers to Z, the ownership of the papers transferred from X to Z.
- As a result, X no longer has the legal right to return the goods to Y because X is no longer the owner of the papers.
4. Legal Remedies:
- If Z wants to seek a remedy for the defective papers, Z should directly approach X, the party with whom Z has a contractual relationship.
- Z can demand a refund or replacement from X, as per the terms of their contract.
Conclusion:
Based on the above points, X cannot return the goods to Y since the ownership of the papers has transferred to Z. Z should directly approach X for any remedy concerning the defective papers.
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X purchased papers from Y and resold them to Z, who found that the papers were infected with white ants and returned them to X. Can X return the goods to Y?a)Nob)Yesc)Z has to return directlyd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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