Question

DIRECTIONS (71-80): This section consists of fifty(50)questions. Each 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 here in 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.
Principle: A seller of goods cannot transfer better rights than he himself possesses in the goods sold to 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 Kornai can succeed.

• A. Komal cannot succeed as Monal has paid good price of the watch
• B. Komal cannot succeed as Monal is unaware of the fact that Sonal is not its owner
• C. Komal cannot succeed as it was his carelessness and nothing else which enables Sonal to sell the watch to Monal
• D. Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Mona

Answer 1

The correct option is D Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Mona

Nemo dat quod non habet, literally meaning “no one gives what he doesn’t have” is a legal rule states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership of it.

According to the principle given, a seller of goods cannot transfer better rights than he himself possesses in the goods sold. Here in this case, Komal will not succeed because Sonal is simply a finder of the watch and does not have owership rights, so she cannot transfer ownership rights to Monal.