Intro Hi guys lets start Today Say Hello Laughter Why are you laughing? Today we will discuss the topic of Sale of Goods Act 1930 We have selected 10 questions We will try to write at least 6 questions in 10 months And we will discuss all of them How many will come? Six Then you will practice writing 2-4 questions Then yours will be fixed Mine will also be fixed Okay Come First of all, there is a direct question It is a very easy question It should be written very quickly Now if it is a direct question Then you don't need to search Sir, which question is in the cracker?
It is written in front Describe the consequences of destruction of goods Whose consequences? Destruction of goods under the sale of goods act 1930 Where the goods have been destroyed after the agreement to sell but before the sale is affected Okay, okay Do you remember unit 1? In that, destruction of goods is mentioned Now see, there are 3 cases in that One before the sale and one after the sale After sale and agreement to sale but before sale If it is destroyed in between In which?
In between Do you remember? If it is destroyed before sale then section is 7 After agreement to sale but before sale If it is in between then section is 8 Did anyone say such a section for after sale? No Now what we have asked here is Consequences of destruction of goods Under soga when goods are destroyed after the agreement to sell but before sale. Answer me quickly.
When you write the answer to this question, will you write section 7 or only 8? Only 8. When you ask, there is no need to write. If you got this exam, then 2-4 marks.
If you got this exam, then no. Which page's question is this? 160. 160? Yes. Have you ever got exam question?
Yes. How many marks? 4. 4 marks.
Now you are asked destruction of consequences of goods. Look here, agreement to sell happened before sale happened. Agreement to sell happened but before sale happened. If goods are destroyed in between then whose risk is there?
Whose risk is there? I will tell you a dialogue, risk follows ownership. So if goods are destroyed in between then whose risk is there?
Sellers. Yes or no? Yes.
But the one who made a mistake can be claimed damages from that. Tell me, will the contract of sale happen or will it be void? Yes.
It will be avoided because subject matter is destroyed. Okay, let's go straight forward question. So let's write the answer. Which is the section in the answer?
One thirty, sorry eight. This is the answer of negotiable instrument. Okay, what is the question number? Question six. Page number?
And which chapter are we talking about? Soga 1930. The Soga 1930. In this, first of all, what did we ask? It says, direct the consequence of destruction of goods. Again, it is a direct question.
So, how will we write it? Point wise. So, we will write the first point in this. Section 8 of the sale of goods.
Act 1930 contains provisions. after agreement to sell but before sale ok easy section is 8 first we write it second point we will write accordingly where where after the agreement to sell is entered Entered the goods the specific goods the specific goods for which Contract for which agreement to sell was made For which agreement to sell Was made Has perished Perished Perished or damaged Or damaged Without default of without the fault of seller or buyer without the fault of seller or buyer as to no longer answerable as to no longer answerable to the description of the goods Description of the goods When after the agreement to sell is entered the specific goods for which agreement to sell was made has perished or damaged without the fault of seller or buyer as to not look not answerable to description of goods then agreement to sell will become void void and will not Convert into sale into sale ok into sale Agreement will be convert and not convert into sale ok 3rd point ok Since Since In the agreement of sale Since in the agreement of sale, in the agreement of, agreement of what? Agreement to sale. Agreement to sale. Ownership of the goods.
is of buyer is of seller is of seller therefore goods will be goods will be at the risk of the sell goods will be at the risk of the seller goods will be at the risk of the seller. Ok. Fourth point. Fourth point. Fourth point.
It means. after agreement to sell but before sale but before sale, who will bear the loss? seller I repeat who will bear the loss? seller however What are you guys saying?
Hmm? If, what did you say? If If buyer If the goods are damaged If The Goods are Damaged Due to Fault Of Buyer Then seller can claim damages from buyer. In such case, In such case, seller cannot claim price of the goods from buyer as ownership is still with the ownership is still with the with the seller ownership abhi bhi kis ke paas hai seller hai na ownership abhi bhi seller ke paas hai ownership abhi bhi seller ke paas hai achya ye ho gaya apna 6 point direct question tha effect of what destruction of goods.
If goods are destroyed, what happens? We have written the whole scenario. What can happen? It is easy.
If you want, you could have written like this. In case the goods are destroyed, following are the consequences. First, risk of loss is with the sale of goods. Second, the loss is with the sale of goods. Third, the loss is with the sale of goods.
Fourth, the loss is with the sale of goods. Fifth, the loss is with the sale of goods. Sixth, the loss is with the sale of goods. Seventh, the loss is with the sale of goods. Eighth, the loss is with the sale of goods.
seller should bear the risk of loss but if buyer default then I will pay damages to home seller however seller cannot recover a price from the buyer because ownership is still with the seller so you could have written like this I have explained the entire point and made you write it okay first question sale of goods act again this is case studies and direct question how we have written the answer for this point wise question 2 is Mr. A's okay Mr. A has contract he will sell his Swift car which car he will sell? Swift Who will be sold? B. You know the car, right? Which car?
Swift. A is going to sell B. And both of them discussed the price. Both of them did not discuss the price.
Later A says, because we did not discuss the price, I will not deliver my car to B. What does A say? Because we did not discuss the car, I will not deliver my car to B. Who said this?
A. Who said this? B. I repeat, who did A say?
B. You tell me, what is the price of B? whether A is correct or incorrect Read the question carefully Don't forget that your sale of goods act test is yesterday Now if the test is yesterday then you should get the answer If you are not getting the answer then you didn't read it yesterday Read it Is anyone remembering what is the provision? Did you study? What I am saying is that if price is not discussed then will the contract remain or will it get cancelled?
Price is not discussed? What will you get? Reasonable price Do you remember section 9? Which says modes of fixation of price How price is fixed? In that they decide that parties may fix any price Or the contract may have a manner written Or the customer may have a manner written The system decides.
And if nothing is said, then what do you get? Reasonable. Contract cancels. No.
I repeat, sale of goods act. If nothing is said about the price, then contract will not be revoked or contract is signed. No. You will get goods.
but for that you have to pay a reasonable price. And what is reasonable price? Is it a definition or it differs from case to case?
It differs from case to case. But usually it is nothing but which price? Market price.
Are you understanding this? I knew that kids can't identify the answer to this. When kids study unit 1, the price comes at the end. And when the price comes at the end, they study it from top to bottom and leave it. But such questions are made from there.
These have been made before also. I think this should also be the question of exam. When is it? June 2023 Now recently means one year before Recently means one year before You have recently right? Earlier you didn't have exams three times, now you will have exams three times How many marks will it have?
Four Now those who remember will be saved by writing the answer Those who don't remember will have four marks It went in the water, it slipped Okay, no problem We have studied so we are going to write our answer Tell me, should I write section or student friendly? Section Are you sure? So section is 9 Write according to By the way what is this question? Page number? 163 Okay I am writing it According to Section 9 Of the By the way When you write in exam You have to write whatever section or chapter you are writing Whatever is of act For example Now I have left section 9 Now see the examiner is smart He will not cut your marks He will give you marks He will give you marks and he will understand that it is written as sale of goods act But why to give him a point Who knows Examiner will be angry He will say section 9 I don't understand I should tell which is section 9 Then maybe your marks will go away So if section is here Then how much effort will it take to write an act Oh man You know that every act is different section is repeated but those sections are of different types oh!
I told you guys you should know this you know that exam is after a month according to section 9 of the sale of ok that is not sales it is sale what is sale? sale of goods act 1930. The price, the price. In a contract of sale may be either fixed by the contract or may be left to be fixed.
Of dealings Do you remember this? It is written in the last part of section 9 Dealings, scores of dealings Between the parties Scores of dealing between the what? Parties Full stop Is there any doubt in this? Okay It is further provided that Where price is not determined by the afforded provision, afforded provisions, the buyer shall pay to the seller. to the seller reasonable price reasonable price it should be noted that it is pertinent to note mehenga english It is pertinent.
Learn it from one place and write it everywhere. It is pertinent to... Did you know what pertinent means?
Who knew what pertinent means? Are you from Shed Board? Yes?
pertinent means you know which school he is teaching us he told us important and significant he said write important in one answer and write significant in another and when you feel it is very important then write very significant but okay it is pertinent to note that reasonable price is not defined and it will be and circumstances fact and what beta circumstances of each case okay her case K facts yet to circumstances pay depend cut that I repeat her a case K facts at the circumstance pick a cut that dip it you may leave the section 9 put up take a yet up my provision I'm Kelly King a facts facts about simple man in a car yeah in the given case In the given case Which party is it? A or B Mr. A and Mr. B contracted to to sell and buy Sell and buy From whose point of view? A From whose point of view?
B Contracted to sell and buy Swift car Did not Discussed. Did not discuss the price of the car. Price of the car.
Later Mr. A refused to sell his car to Mr. B on the grounds. On the grounds that agreement is void, agreement is void due to, due to uncertainty, uncertainty about the price. What do you do to earn certain about the price?
Okay. Now we have asked, does Mr. B have any right? The answer is yes.
Okay. Therefore, now bring the vintage line back. Today you have not written it even once. Did you write it even once? No.
What is even once? This is the second question. You guys are not understanding, right?
Okay. In the lights of the above provisions and facts of the given case, Mr. B has the right to... compel mr. a to sell the car to sell the car sell the car sell the car full stop mr. B can file suit against mr. a for car however However, Mr. B will have to pay.
Will have to pay. What price did you say? Reasonable price. What word will you use? Reasonable.
Not market price. Reasonable price to Mr. Mr. B will have to pay Regional price to Mr. A Kuch to price pay karna hi pade Ga Kuch to price Mr. B ko pay karna pade Ga Done hai? Ho gaya ki ni?
Now some questions which you might have got in the exam yesterday Now you can see the fourth question Mr. Das Now see, you got this in the test yesterday only, this was it This one with grains. Okay. But some kids came to me and said, why won't there be a caviar tempter in this?
Okay. Why won't there be a caviar tempter in this question? By the way, tell the audience question first. Okay.
This is Das. Who is Mr. Das? Say hi.
Mr. Das, whose owner is he? General store. And what to purchase? 200 kg basmati rice. Okay.
Of specific length. from a wholesaler. From a wholesaler. Wholesaler.
Okay. He saw a sample. What did he see?
Sample. Was it such a question? His name was Geeta.
Mrs. Geeta. Okay. No problem. Come on.
He saw samples of rice and agreed to buy the one for which the price was quoted at 150 per kg. While examining the sample, Mr. Das failed to notice that rice contained a mix of long and short grain of rice and the wholesaler supplied and required quantity exactly the same as shown in the sample. Okay.
But Mr. Das, Mr. Das, when Mr. Das sold the rice to one of his regular customers, she complained that rice contained two different qualities of rice and returned the rice. Now, you are asked, what does Das, what does Das, can take any action against the seller? What does Das, can take any action against the seller?
Oh, he came yesterday, now also he is not able to answer. Oh, he came yesterday, now also he is not able to answer. Tell me one thing, how are the goods sold to Das? Sample Sample means they have sold it by showing the sample?
Yes Okay, who is responsible for checking the sample properly? Buyer Has the buyer checked the sample properly or negligently? Negligently So, the mistake will be of the seller or the buyer? Buyer Sure?
Yes So, the seller is liable? No Correct? Yes Easy? Simple?
But if I have told you here, what would be your answer in case Das had told you the exact requirement that this is the length of the ice? No Then it is the sir's fault because sir should have given the exact length of rise. Then the question of sample will come, no. Then the description will come. So, in the previous provision, which section is it?
15 will come. The condition has to. Description That the goods should be sold according to the description And because it is not according to the description So the mistake is of seller Buyer can resign the contract Can claim refund and claim damages Are you understanding this? Say yes or no Ask what?
Here here here So how will the answer be made first section? 17 Are you listening this? Wrote the provision of the whole sample Facts and conclusion And then there will be one more conclusion But what will you mention in that section? 15 Description Are you understanding this?
Easy I think you didn't get the second situation in the test. Yes, I did. Second, both the situations. The same question, just the name was different. Do you understand?
Again, these were the favorite questions of the institute. Any problem with this? Yes, there is.
Yes. One minute, what happened? Why won't the cavity dimter come? Because here in the question, I have clearly talked about the case.
Sample. So which is the most appropriate provision for this? Sample. What are you applying for this? Sample.
Okay, when you see the caveat entry, what is the exception of that? Sample. You are understanding this. But who was responsible for checking the sample?
Buyer. See, the caveat entry says the same thing, let the buyer be aware. What is the exception of that?
Sample. But when you sell the sample, then section 17 is triggered. And in 17, it is clearly stated that the goods delivered shall correspond to the sample. The bulk delivered should correspond to the sample.
sample but it is corresponding or not it is duty of buyer to check if you are double minded then how can you write the answer how can you escape the answer that you wrote the sample first it is duty of buyer to check the goods whether the goods are matching with the sample or not as per section 16 of the sale of goods act 1930 caveat enter if you want then add that line in case you are getting confusion then marks will not be cut marks will not be cut No, instead a good impression will be created that the child has read the whole chapter. Is he understanding? Is it easy? So you can add that too, but what is the most appropriate answer?
Sample. And if you write two lines, will it take more time? No.
So you guys should be according to the sample. But buyer should check the goods before purchasing it. What is section number?
Then the rest of the answer will be the next attempt. Okay. So, this is yesterday's question. So I am asking him to write it again. Ok, let me ask him to write a good question.
Can you see Samuel? Yes or no? Question 6. Did he also come? No, he must be in his book. He is in J K C's book.
Let's see, you will be able to answer that no. Okay? Samuel is here.
Who is it? Samuel. What does Samuel say?
How many bales will I buy? 100. How many bales will I buy? 100. From whom will I buy? From Varun.
Out of his large stock. What is this large? Large stock will be there and and stock will be there and sent is meant to take delivery of goods ok how much they packed?
60 later it got fire and the stock got destroyed but 60 already packed now I am asking you who is going to bear the loss Read the question calmly. It's a good question. Good question. Two provisions come. Read it calmly.
Did you study? Yes or no? Sure? I asked you this question in regular lecture during discussion Who will bear the loss? Who will bear for 60?
Samuel who is a buyer And who will bear for 40? Varun Did you guys know what Bales is? Don't you know Bales?
Don't know if the network is working or not Bales Of Cotton It's not working Shut up! Why aren't you searching? There is no network. You are not.
What are you doing? You don't have money for recharge. There is no network. Ask me anything. You can google it on your mobile.
Will you do it now? Is it necessary? I told you there is a group of cotton.
What do you call it? What do you call it? Bales.
Don't you know? Okay, ask what? Now in its answer, first of all you should know that how is transfer of risk? Okay, how is transfer of risk?
Do you remember section 26 for this? Do you remember risk follows ownership? That the ownership of the owner is the risk.
But there is an exception to that. But we don't have to do anything here. Did I say anything about the exception?
Apart from that, can anyone tell me the contract that has been signed here? Which goods contract is it? Uncertain or Uncertain?
Un-uncertain means, he will give a little from the last stock So, the contract is for Un-uncertain goods And in Un-uncertain goods, the ownership is transferred when the goods are Uncertain and Appropriated Do you remember? Say it again, Uncertain and Appropriate Ok, to be Uncertain section likh denge, tum bolo section likh vau hai nahi likh vau? Paka? Sir likh vado exam mein yaad raha jaa hai toh maza aa jaayega. Acha kaunsa question hai tumhale cracker ka hai?
Question 9 page? Page 185. Chalye mazduro likhna chalu karye exam pass hara hai bhulla nahi. Mumbai Indians bahar ho chuka hai already.
Toh Hardik Pand hai toh gaya. Uska kuch kaam hone wala nahi hai. Pucho kya? Likho?
Pucho kya? Unless otherwise agreed. Full stop.
This is what was said in section 26. Further As per section 18, as per section 18 and section 18 and section 18. Section 18 and section 23. Ownership. Now see, I didn't write of the sale of goods. But I wrote it once on top.
Which was the section number? 26. So now the examiner should get a hint. that sale of goods act, what are you talking about? but we don't want to take any risk no, of the see, it won't make any difference to be very honest, if you don't write this it won't make any difference, examiner will have so much brains, but if it makes any difference then, right?
of the sale of goods act From seller to buyer when the goods are ascertained. When the goods are ascertained as per section 18 and appropriated as per section. As per section 23 As per what section? 23 Is it correct? Easy?
Ok, then here we have written the provision Okay, in the given case, in the given case, Samuel, not Samuel, what is the name of the seller? Varun. Okay, I will write it like this. Sixty bales are ascertained and appropriated.
Appropriated. First stop. Therefore. loss of 60 bills shall be borne by buyer or who is that? Samuel.
Okay. Samuel. Regarding the loss for 40 bills.
comma it should be It should be born by Mr. Varun that is seller as the ownership is still with Mr. Varun ownership abhi bhi kis ke paas hai? ownership abhi bhi Varun ke paas hai I repeat ownership abhi bhi kis ke paas hai? ownership abhi bhi Varun ke paas hai correct hai? easy? ok This is the third answer of your sale of goods act.
Ok. We have total 10 questions. Out of which we have written 3 answers. Ok.
Yes. Sir, can we write part delivery in this? Which one? Why?
How is part delivery? Whose ownership is gone? Here we are asking about delivery or ownership? We have to write part delivery. So what you are saying is a delivery section You have asked ownership here What have you asked?
Delivery or ownership? Then why will you write 34? Sorry? No, on whose basis does loss run? On the basis of delivery or ownership?
Then how will you write the delivery section? For this, we forcefully make you sit early So that the preparation is done well till the end Right? Okay? Yes, tell me Again, delivery is not the question. This is the question of ownership.
When asked, from where is delivery coming? Here, goods are packed and kept there. Is delivery done? Where have you gone? Where have you gone to buy?
Where is the delivery? The goods are kept there. If the delivery was done, then there would have been a fire there. So how would it have burned when the goods are not there? So stay away from that.
Okay? Do you also have a delivery doubt? Yes. Now.
ICI Yes See We haven't said anything here We haven't said here that have you taken the consent or not So now you will write this on the assumption So what we did is we didn't say anything Means if we have appropriate the bills Selected it and separated it So we will assume that he said yes the institute is also not wrong you can write like this as it is written there so you write there that since it is assumed that consent has not been obtained of buyer or its representative then who still has all the bills who will bear all the bills and all the bills with Varun? Varun but you write like this and this will also work alternatively you can answer it too correct? ok anything else?
yes you are a consumer Packet of biscuits So you are not blind but You have given 8 rupees upfront So the shopkeeper knows the price but why will he take 8 rupees I didn't understand the question, did you guys understand? No You guys also didn't understand? No See, what is the question?
I understood actually Ok Listen, you guys also listen Ok Everyone listen Ask what? What? He is asking, Sir, I am going to buy a biscuit biscuit's MRP is 10 rupees sorry packet of biscuit and MRP is 10 rupees but I know this no I went to the shop and gave 8 rupees to the shopkeeper how much?
8 rupees First of all, I don't understand which biscuit in India costs 8 rupees. Either it is 5 rupees, 4 rupees or 10 rupees. 8 rupees biscuit, so I bought it.
No, 4 rupees Parle G, that too became 5 rupees. Now ask what? But according to the hypothetical example of the child, how much money did he give?
8 rupees. Then can the shopkeeper tell him to give 2 more rupees? Yes.
Can he say? What is this concept doubt? No doubt. But you understand? You guys understand from my point of view?
Yes. Which concept is this doubt? Old one.
Which old one? Which second question? Big question. Yes.
Big question. Yes. Big question.
Yes. Big question. Yes. Big question. Yes.
Big question. Yes. Big question. Yes. Big question.
Yes. Big question. Yes.
Big question. Yes. Big question. Yes. Fixation of price?
It's written there, right? MRP is written there, right? When you buy a biscuit, what is the manner of deciding price?
MRP? Listen, you shopkeeper... Should I keep it or remove it?
Ask what? What? Son, 10 rupees goods If you give 8 rupees, then will the customer ask for 2 rupees or not?
Will he ask? Yes Oh yes, what are you saying? Will he ask?
Yes Oh Is there a doubt in this? Is there a doubt in this? There won't be such a question in the exam that MRP is written 10, you gave 8, you can ask for 2 Yes, yes, you can ask for it But as a consumer, if I want, I can talk to the shopkeeper because MRP is the maximum retail price if I want I can bargain with it ok fine done by the way there is a question question no. 5 question no. 5 if you don't tell then you are losing you should know this J J the owner of which car Fiat, if Fiat is a car company It's closed in India It's closed in India Recently who went?
Ford Ford also went This is coming back But if you go to foreign countries You will see the same cars Ford and all everything The poorest car will be the luxury car You will not see Tata in foreign countries You will see Tata's car in Europe You will see Land Rover and Jaguar showroom Rest there Maruti Suzuki car also runs here Maruti Suzuki and now suzuki is different and maruti is different suzuki's car is also available here and there but the segment of the car there and here is different it's a difference of land and sky here you can see swift everywhere or desire suzuki has so many varieties fiat cars, why can't they sustain in India I think that they want to give quality and we have to pay the price to give quality and Indian consumers are ready to pay the price ready? No. I think so. I mean, it is ready but not that much.
Okay? So, he can't get economies of scale. Whatever it is.
What do we have? We don't have a car. Okay?
Which car is J inside? Fiat. He wants to sell his car. For this, he gave his car to whom? P.
P is a mercantile agent. And he asked to sell and said that sell it in less than 50,000. No. Then how much did the agent send? Who did you sell?
A Who bought the car? Goodwill And without notice of any fraud And P has also disappeared the money P has also disappeared the money I mean look how much a dash dash this agent is One is the charge sold it in the market and took the money and went to Dubai means misappropriated and went anywhere now who did J sue? A he said I didn't get the money of my car, give me the money you tell me is J liable or not?
J J is liable or not? J is liable or not? A sure?
which provision will come? J section sale by sale by which page is on or question if you are asking page then you have to do memo date page number question number Question number 1 Now, can you see the hint there? Is the section mentioned there? Do you know why? When I was studying contract act, I had told you that in contract act, when they wrote part A answer in crackers, so there was no section anywhere but there was section in part b, because part b came from inter, so inter's adj disjuntor has put it so there will be section in it, in foundation many times people do like this that they write section but you read provision and identify me and tell me which section should come, which page number is 184, I will discuss with you, let them read first.
Where are the kids studying in Cracker? Content I think you should read the first paragraph and remember Transferware So what section are you deriving? 27 27 you are deriving? 27 you are deriving? Do you remember 27?
Have you written there that the mercantile agent has been given the goods? Buyer has purchased the goods in good faith And then agent was working in ordinary courts He had possession of the goods Seller didn't know about fraud So who will get ownership there? buyer you know this there is a concept Nemo that God non have means no one can transfer better title than he himself has means if you don't have ownership then you can't transfer ownership to the other person but there are exceptions in 27 to 30 in 27 what is sale by?
mercantile agent then what is second one? sale by co owner or joint owner then sale by a person in possession of goods under voidable contract if you remember section 29 then 30 sub section 1 sub section 2 remember? seller has possession or buyer ke baas possession hai, yada hai kuch?
aur fir uske alawa section ke alawa point hai, sale by estoppel sale by unpaid seller fir wo sale by finder of lost goods kuch yada raha hai kya? arey pura exceptions aao ho? ab iska answer likhna hai hume, to kaunse section trigger karenge? 27 mai kya balta hu? hum section likhenge ki nahi likhenge?
tum bolo likhna hai ki nahi likhna hai? pakka? chalo likhte hai, acha To section 30 of the sale of goods act 1930. I shouldn't have started like this.
But if I say something now, you will again say something. So write it like this. Contains. exception to the general rule of general rule of general of Nemo that quad quad non habit Nemodet ke aur non habit.
Okay? Okay. Okay.
Okay. Full stop. Okay. Nemodet. Nemodet ke aur non habit.
Pata hai na kya hota? Lekin. Kya hota? Phir se bolu. No one can transfer.
So now we have to write the meaning of this Now see, we have memorized the Latin word so hard So we have memorized the saying So we will write it again and again So Nemo That Quad non Habit erase to any a score at our Nemo dead cure non-habit is a Latin Expression is a Latin expression Then he himself has. Himself has. Full stop. Generally. Generally.
Goods are sold by. By. The owner of the goods Normally who sells goods?
The owner of the goods Okay However Okay to the above general rule wherein it is provided that when a mercantile agent mercantile agent sells the goods to a buyer Owner of the goods Even if the mercantile agent is not the owner of the goods Even if the mercantile agent is not the owner of the goods So for this still ownership will run because it is an exception it is an what? exception ok sir understood ok section 27 specifies following conditions to be fulfilled which conditions should be fulfilled so first of all first of all Goods are sold by mercantile agent acting in the ordinary course of business. Goods are in the possession of the mercantile agent. of mercantile agent with the consent of owner with the consent of owner and see point buyer purchases the goods in good faith buyer purchases the goods in good faith Good Faith Good Faith Without Having Knowledge In the Defect Without having knowledge Of the Defective Title of the defective title of the seller. In this whole example, seller is a mercantile entity, right?
But buyer didn't know about its defective title. Okay sir, understood. Now we have written provision only. Now what do we say, will we write provision again and wish for time?
I am saying provision, facts. Will we write facts again and wish for time? No.
So now we will write straight. So therefore in the given case it can be concluded. Therefore, if we want to write the value of the product, we have to write the value in the given case it can be concluded that goods sold by agent p is it not goods sold by mr p2 who is sold by mr a will transfer valid title to Mr. A as it is satisfying all the conditions, all the conditions as let down in section.
Twenty seven in section twenty seven in section twenty seven J will not succeed in recovering price. in recovering price from, from A. If it doesn't succeed, will it be able to recover the price?
No. I repeat, if it doesn't succeed, will it be able to recover the price? No.
Yes, is it done? Say it. Yes. Okay.
This is done. I think this is our fourth answer. Yes.
What is the answer? Fourth. Okay. Let's move ahead.
If you move ahead, you will get a question. Question 10. Can you see? An auction sale of certain goods was held. Okay, this is a very good question.
I think it was 2 marks. This will be the last question of your SOGA. The last question of your SOGA should be the last question. Auction sale.
Can you see? This is a very easy question. It was for 2 marks. Auction sale of which goods?
Certain goods. When did it happen? 7th March and Hammer also fell on that day and who was the highest bidder? X then when was the payment?
8th March and when was the delivery? 10th March, you have been asked, tell me when is the auction sale complete? When is the auction sale complete?
When is the auction sale complete? Say again when is it happening? Sure? Do you remember the section of auction sales? Section 64, we will learn that.
is completed when the hammer falls. Do you remember? Does it matter the delivery price? No. Now in 2 marks, will you write the whole auction sale or what is the meaning?
Children write the whole auction sale and say paper is not completed sir. If you write 10 marks for 2 marks then how will it be completed? Okay?
Let's write the answer here. Write. As per section 64 of the sale of or in any other customary or in any other customary manner customary manner full stop in the given case ho gaya provision do marks izat nahi denge in the given case auction was held on seventh march 2023 and goods were sold to mr x mr x by fall of hammer on 7th march 2023 7th march 2023 so therefore therefore Therefore, auction sale will be completed on 7th March 2023 irrespective of the date of payment or delivery of goods.
Payment and delivery of goods If you have written this for 2 marks You will get only 2 marks In this, he will not cut 1 mark In small marks question, there is an advantage that there are chances to get full marks In big questions, even if they don't have to cut, they will cut it somewhere They will find some mistake Like how was your theory in 11th and 12th But now it is heard that children get 100 out of 100 in OC economics Yes, you get it. 99, 98 students score like this. 97, how do you get out of?
I don't know. In theory, it is out of because a person cannot write, theory is perfect. But in law, you will get out of very rarely. from which you can get 2. Now, in one attempt of the child, from 400 marks, from 400 marks 371 marks came.
He also got 84 marks in law. He was out of 2 subjects. When he got the marks, how much did he get in law?
marks lai aata, but uske par maine foundation mai kisi ka nahi suna hai, aur 86 is extremely extremely good marks, samajh raha mai kya bol raha ho, koi nahi aajau, likha tumne ye auction sale wala answer, bahut simple tha, abhi tiko auction sale ka toh pura provision we will not write the whole question write as much as you ask our answer will wind up ok sir ok one more question comes question 8 again it is a direct question I have already written one direct question and yesterday same to same question was in your test also Was it against the buyer or against the goods? I think it was against the goods. Are you sure?
Here you are asked, what is the right of unpaid seller against goods? First of all, you should know where the unpaid seller is. Section 45 In section 45, unpaid seller is defined That unpaid seller is the person who didn't get the money for his goods Then what is said in section 46 Rights of unpaid seller And against goods, rights are right of lien 47 to 49 then right of stoppage in transit 50 to 52 and right of resell 54 so you have to write these three things you will get full marks if you have such question then you can get 4-5-6 marks is it correct easy again how will you write this first will you define the right of unpaid seller is it necessary did you ask who is unpaid seller what did you ask directly rights of against goods So, it should be straight forward.
Rights of unpaid seller against goods is provided under section 46. Full stop according to the rights of unpaid seller are as follows. Then, what will you write first? Right of leave. Then, right of stoppage in transit.
And then? Now, transit comes to an end is a very big point. So, write the whole point like a fool. Just write that in certain cases, transit comes to an end.
Do you understand? Right of stoppage in transit comes to an end. If you sit and write completely, then you will get banned. So, your suggested answer is?
Follow it and write as much as the content is in it. Are you understanding? Say yes or no. Is it sure?
If you want to save time, then you don't need to write what you have not asked. Like if you define the Unpaid Salary here, then you will not get any extra marks. If you don't write that, then you will not get any marks.
So what is better to do? Because we have to complete the paper on time. We know a lot to write.
We also write the definition of goods. Because we asked for Unpaid Salary of goods. Good. write the definition of goods but it doesn't make any sense ok then you will see one more thing is this visible?
question 7 this is same to same question in volume 2 also ok but now I want we will discuss this if you write then we will discuss Mr.G sold some goods read it calmly Packed the horse and kept it outside. Water came. Acceptance of delivery of goods.
Are you understanding anything? What is the section? Forty-four. For this, what is the section for express? Forty-four.
Where buyer... negligently refuses to take the delivery of goods. So if the seller has any loss, then the buyer will have to compensate the loss. Okay? Plus, the price of the goods will also have to be paid.
Did you understand? As you can see, who was sold the goods by G? H. at a certain price and the invoice was done but the payment is not outstanding till now ok then after packing the goods, they were in godown of G ok who inspected the goods? H and all the goods were also correct H's agent checked and all the goods were correct then dues of the goods were settled in cash ok, cash was also paid after receiving cash, G told H to take his goods so that I can store my other goods too but it took a lot of time H took the goods so G said, take your goods and put it outside the godown in open space and got destroyed Tell me, who is at fault in this?
Buyer's right? Buyer refused to take the delivery of goods So who will bear the loss? Buy. Will the seller be liable? No.
Is he understanding? Yes. Okay. Then he asked, will your answer be different if the dues were not settled in cash? If the dues are not in cash, then we will add one more point that H is liable to pay the price to?
Yes. Meaning, sir, will H give money to G even after the goods are stored? Yes.
Because ownership has gone. And it is your mistake. Our mistake?
No. So when you write its answer, then which section will start first? Logar. For.
If you write the whole provision of 44, there is one paragraph. Then you will write the facts. Don't fill the summary completely. And then what will you write in the conclusion?
That, what is the question? Referring to provision, L is the above situation. And he said, who shall be responsible? So, who will be responsible?
H. And would your answer be different? The answer is no.
Answer will not be different. In the other case also, H will bear the loss. However, H should also make the payment of price to Mr. G. Oh yes, right?
Which section will come? 44. These are all challenging questions. You must be knowing Now see, there is a simple question The same one, the one with cabbage and rice Is question 3 visible?
Ok, read question 3 Very simple Very simple On which? No, no, 26, why did you say 26? Because who owns this? And you refused 44, both will come 44 and 26, yes Risk?
No, no, no Risk is of buyer If it is written in cracker that it is of reseller then it is wrong You guys will have the same answer in your text book Follow that I told you If there is a fight between cracker and institute then who will you believe? Institute According to provisions, institute is absolutely correct Look, you will feel that institute has written the wrong answer in law But in 95% of cases you are wrong, institute is right You are thinking that the answer should not be like this You are thinking wrong, institute is giving the right answer Okay that is, if you give wrong answer to institute then their reputation is at stake means, if you don't get the answer or institute gave you separately then you think that institute is wrong it doesn't happen like this in very rare case, I am saying again, I said earlier also, I am saying now also in very rare case people give wrong answer don't know why but it happens but in this case, what I said, what we discussed is the same read this, T one, very simple question Did you read it? Tell me, is T a retailer?
M came to his shop and clearly asked, which fan do you want? T told him about different brands, M approved a particular brand and paid for it. Then when the fan was delivered, what was the delivery? And when the packet was opened, which fan was it?
Then, who was informed? T. T said, no, I will change it. No. Because the delivery is done, the contract is done.
Tell me, which provision will you apply? Did you give description? Do you want exhaust fan?
The person in front of you sent it like this and showed the sample too So it's like description plus sample Which section is it? 50 Oh you remember? Say you remember Sample is only in sample 17. Description plus sample is 15. Are you understanding? Say yes.
So again you will write section 15. And after that what will you write? Answers. Provision and conclusion. provision facts and conclusion are you understanding this?
similarly, here we have discussed all the other questions we have written 5 questions we had to ask Anupet sir to write but I am not asking him to write it intentionally because again, which question is that? direct, ok? and this is the last question after discussing this we can wind up our sale of goods act ok?
tell me what will be the answer to this? I will read for you, you will be tired Ashu from Bombay he has agreed with Jai, who is from Delhi and ashu wants to deliver 5 motorcycles to him in new delhi where he wants to deliver? new delhi ok, ashu sent this motorcycle through deep transport limited now the motorcycle reached delhi on time but jyoti delays to take the delivery and deep transport informed jyoti that motorcycles are lying at their go down at jyoti's risk before taking delivery of these motorcycles jyoti becomes insolvent but ashu continues to deliver Stoppage and transit is to be done, first read the provision, no no I am telling you, print mistake, Jai will come here, Jai will come, Jai will come instead of Jyoti.
This is a mess up I have given wrong names in many places Ok don't read this Or you will read by substituting Jai Ok Where Jyoti is written What do you do there? Or where Jai is written, do Jyoti there Basically You understand only by looking at the party Now read Right of stoppage in transit, do you remember anything? Yes It can be accessed only when the buyer is insolvent Yes Here the buyer is insolvent Yes Can I say, is there a transit here or comes to an end? Comes to an end I repeat, is there a transit or comes to an end?
Comes to an end Read the answer there Read the answer Now see, if you will read, then they will not understand. They also have to understand. So we will also read the answer.
Which page number is it? 196. See what is the answer. When does, oh sorry.
See, see. How did the answer start? Right of stoppage in transit can be accessed by an unpaid seller for the recovery of the price on the fulfilment of following conditions.
What are the conditions? 1. Insolvent 2. Unpriced goods transit third buyer ke pass drive ho na chahiye to excise for the recovery of price correct hai fir aage dekho ye log ne kya hai phir aage to ye log ne wohi stoppage in transit explain kar diya fir aage ke lika hai further goods are sold further goods are said to be in transit when they are out of the possession of the seller but not yet into the buyers possession dikh raha hai kya however if the carrier acknowledges to the buyer then transit is deemed to have come to an end yehi point pe pura yehi line pe pura answer based If you remember stoppage in transit, then you can do stoppage in transit when goods are on the way, will come out of seller and who has it? On the way.
And till now it has not reached the buyer. And what happened in the time of buying? Insolvent.
So all these conditions are getting satisfied. But when you read that when does transit comes to an end? When does it end? When goods reach buyer or when goods reach to his agent or when my carrier acknowledges the buyer that I have brought the goods So here is transit It comes to an end So tell me Do we can you do stoppage in transit? No.
If children can't do stoppage in transit because transit has come to an end, then can they case the buyer and recover the money? Yes. Transit is the only option or one of the options? One of the options. Money can be recovered.
So, the main hint here is that transit comes to an end because carrier acknowledges to the buyer. He understands that he is bringing goods. Clear? Easy? So in sale of goods act we selected 10 questions 5 questions were written 1 direct question was of unpaid seller So we didn't write and other 4 case studies we have discussed Now I have asked you to write so many questions in contract act Almost 18-19 questions I had asked you to write in class After that we have added part by part After that we have discussed sale of goods question 5 questions we have written in it and discussed all So till now we have 23 questions questions are already written like this.
If I mix sale of goods act and contract. Now when we go ahead we will write more questions. Our target is that 35-36 questions should be minimum. We will discuss 50 plus questions.
Is it clear what I am saying? Okay, see you in the next chapter. Goodbye guys.