Akansh purchased a Television set from Jethalal, the owner of Gada Electronics on the condition that first three days he will check its quality and if satisfied he will pay for that otherwise he will return the Television set. On the second day, the Television set was spoiled due to an earthquake. Jethalal demands the price of Television set from Akansh. Whether Akansh is liable to pay the price under the Sale of Goods Act,1930? If not, who will ultimately bear the loss
Answers
Answer:
Gada electronics or the owner Jethalal will ultimately bear the loss.
The loss will be borne by seller
Explanation:
When the goods are sold on the basis of approval, the goods are sent to the buyer but the owner of goods will remain the seller until and unless the buyer agrees to keep the goods.
the time period for the process is fixed for the buyer. within that fixed time period, he can agree to the approval or else he cannot return the goods and this will be treated as sale.
in the same procedure, the seller also faces some risk. the risk will be the damage produced to the goods. the damage can be natural calamity, etc.
the buyer will borne the loss only when the damage to goods his due to his own mistake.
in the given case, the television set was damaged due to an earthquake which is a natural calamity and an unavoidable event. so, the buyer Akansh is not liable to pay the price. the seller, Jethalal will bear the loss.