PRINCIPLE: A seller of goods cannot transfer better rights than he himself possesses in the goods sold to the buyer. FACTS: Komal leaves his watch by mistake on a seat in the park, Sonal finds that watch and immediately sells the same for good price to Monal who without inquiring whether Sonal is its owner or not. Komal later on claims that watch from Monal. Decide whether Komal can succeed. (Answer the question after reading the following paragraph.)

This question consists of legal propositions/principles (hereinafter referred to as ‘principle’) and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the “most reasonable conclusion” arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.

Option A: Komal cannot succeed as Monal has paid good price of the watch

Option B: Komal cannot succeed as Monal is unaware of the fact that Sonal is not its owner

Option C: Komal cannot succeed as it was his carelessness and nothing else which enabled Sonal to sell the watch to Monal

Option D: Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Monal.

Correct Answer

Option: b

Explanation

Section 27 of the Sale of Goods act describeds Sale by person not the owner.

Sample Mock Tests for Practice

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 08 Q. NO. 281 TO 320)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

CLAT 2020

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 05 Q. NO. 141 TO 175)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

AILET – National Law University Delhi Entrance Test (NLU 2021)

SAMPLE PAPER 01

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

NLU 2015

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 17 Q. NO. 641 TO 680)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 13 Q. NO. 421 TO 455)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 02 Q. NO. 41 TO 80)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 04 Q. NO. 121 TO 160)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 05 Q. NO. 141 TO 175)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 13 Q. NO. 421 TO 455)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 16 Q. NO. 601 TO 640)

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

AILET – National Law University Delhi Entrance Test (NLU 2019)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 05 Q. NO. 141 TO 175)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 22 Q. NO. 841 TO 870)