Akash of Jaipur sold 100 smart TV sets at ` 50,000/- per set to Barun of Delhi. He delivered the TV sets to Chirag, a transport carrier for transmission to Barun. Barun further sol... Akash of Jaipur sold 100 smart TV sets at ` 50,000/- per set to Barun of Delhi. He delivered the TV sets to Chirag, a transport carrier for transmission to Barun. Barun further sold these 100 TV sets to Sarthak at ` 60,000/- per set. On reaching the goods at the destination, Barun demanded the delivery, but Chirag wrongfully refused to deliver the goods to Barun. That is why he failed to deliver the TV sets to Sarthak and suffered a huge loss due to non-delivery. Akash came to know about this and directed Chirag to stop the delivery to Barun and re-deliver the goods to him at Jaipur. Answer the following questions under the provisions of the Sale of Goods Act, 1930: (A) Whether Akash has the right to stop the goods in transit? (B) Whether Barun can claim loss suffered due to non-delivery from Akash?
Understand the Problem
The question is asking about the legal rights and obligations under the Sale of Goods Act, 1930, specifically regarding the right to stop goods in transit and the claims for losses due to non-delivery.
Answer
Akash can't stop goods once dispatched, unless Barun is insolvent. Barun can claim damages from Chirag for non-delivery.
Under the Sale of Goods Act, 1930, Akash cannot stop the goods in transit once they have been delivered to the carrier unless Barun is insolvent. Barun can claim damages from Chirag for non-delivery since the carrier wrongfully refused delivery.
Answer for screen readers
Under the Sale of Goods Act, 1930, Akash cannot stop the goods in transit once they have been delivered to the carrier unless Barun is insolvent. Barun can claim damages from Chirag for non-delivery since the carrier wrongfully refused delivery.
More Information
The Act allows the seller to stop goods in transit if the buyer becomes insolvent, provided the seller holds the right to do so. If the carrier wrongfully denies delivery, the buyer can seek compensation.
Tips
Misunderstanding seller's rights to stop goods during transit and assigning blame incorrectly. Remember, it's the carrier's liability for non-delivery.
Sources
- Akash of Jaipur sold 100 smart TV set - StudyX - studyx.ai
- Sale of Goods Act, 1930 - Castudynotes - castudynotes.com
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