Question

Avyukt purchased 100 Kgs of wheat from Bhaskar at Rs. 30 per kg. Bhaskar says that wheat is in his warehouse in the custody of Kishore, the warehouse keeper. Kishore confirmed Avyukt that he can take the delivery of wheat from him and till then he is holding wheat on Avyukt‟s behalf. Before Avyukt picks the goods from warehouse, the whole wheat in the warehouse has flowed in flood. Now Avyukt wants his price on the contention that no delivery has been done by seller. Whether Avyukt is right with his views under the Sale of Goods Act, 1930

Answer 1

Answer:

C.P. of the wheat =40× Rs. 12.50+25× Rs. 15.10=Rs.877.5,

Gain =10%

∴ S.P. of the wheat = Rs.

100

877.5×110

=Rs.965.25$$

∴ S.P. per kg of wheat = Rs.

65

965.25

= Rs.14.85

Answer 2

Explanation:

Subject to provision of sales of goods act 1930, Constructive delivery means when there is no change in custody of goods rather there is only change in possession of goods without being goods delivered to the buyer.

As case in hand, Avyukt who purchased the goods from Bhaskar @ ₹30/kg from Bhaskar (seller) who said the goods is in possession with Kishore at warehouse who holds the goods in behalf of Avyukt. But before delivery warehouse has flowed in flood.

Conclusion:-

Applying afforsaid rule in case in hand, When there is constructive delivery the possession deemed to be transferred to the buyer when seller informed buyer that goods is transferred. Avyukt will not get his price back as the risk prima facie transferred to the buyer after property passes.