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New Profit Sharing Ratio

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Example II X delivered some jeweller, to Y on sale or return without specifying any time for its return in case -of non-acceptance. State the legal position in each of the following alternative cases:
Case (a) If Y pledges the jewellery with Z.
Case (b) If X makes it clear that the goods are to remain his property until paid for. 1 Before Y pays the price, he pledges the jewellery with Z
Case (c) If Y neither accepts nor rejects within one month and after a month a burglary takes place in Y's house and the jewellery is stolen.

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Solution

Solution:
Case (a) X can recover the price of the jewellery from Y because ownership has passed to Y as Y had adopted the transaction by pledging the jewellery with Z. But X cannot recover the jewellery from Z. [kirkham v. Attenborough]
Case (b) X can recover the jewellery from Z because the pledge was not valid as the ownership has not yet transferred to Y.
Case (c) X can sue Y for the price of the jewellery because a reasonable time to reje has expired. As such, the ownership has transferred to Y. [Hooghty Chinsurah Municipality v. Spence Ltd.]

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Q. solve:
Example I X delivers some goods to Y on Sale or return for 7 days. State the legal position in each of the following alternative cases:
Case (a) such goods are destroyed by fire on the third day itself without any fault of Y.
Case (b) Y informs X on telephone on the third. day itself that he has accepted the goods and immediately after the receiver is put off, the goods are destroyed by fire.
Case (c) such goods are further delivered by Y on the third day itself to Z and then by Z to A on similar terms. The goods are stolen while in the custody of A.
Case (d) Y neither returns nor gives notice of rejection even after the expiry of 7 days. Goods are destroyed by fire on the eighth day
Case (e) Y retains the goods but gives the notice of rejection on the expiry of 7 days. Goods are destroyed by fire on the eighth day.

Q. Solve.
Mr X, a Hindu contracts to marry Y a muslim. State the legal position in each of the following alternative cases:
Case (a) If Mr X is already married to Z who lives with X;
Case (b) If Mr X goes mad before the date fixed for marriage;
Case (c) If Mr X dies before the date fixed for marriage.

Q. solve:
Example X agrees to sell 100 tons of Basmati tice to Y at Rs. 40,000 per ton. State the legal position in each of the following alternative cases:
Case (a) If X delivers 8 tons of Basmati rice.
Case (b) If X delivers 12 tons of Basmati rice.
Case (c) If X delivers 10 tons of Basmati rice and 2 tons of Dehraduni rice
Case (d) If X delivers 10 tons of Basmati rice of which 2 tons of inferior quality.
Case (e) If X delivers 8 tons of Basmati rice in April and the remaining 2 tons in the first week of May.
Case (f) If X delivers 10 tons of Basmati rice at Y's godown. Y refuses. to accept them and neither returns nor, informs the seller that, he refused to accept the goods.
Case(g) If X delivers 10 tons of Basmati rice at Y's godown. Y's refuses to accept them and inform the seller about. his intention but does not return the goods.
Case (h) If X is ready to deliver but Y refuses to take delivery and repudiates the contract.
Case (i) If X delivers 10 tons of Basmati rice and Y resells the rice to Z. When the rice are delivered to Y, he inspected a sample of it and sends it to Z. Z rejects it as not having according to sample. Y rejects the goods.
Case (j) If X delivers 10 tons 1 kg of Basmati rice and does not charge the buyer with excess quantity.

Q. solve:
Example: State whether the seller is an unpaid seller or not in each of the following alternative cases:
Case (a) X sold some goods to Y for Rs. 10,000. Y paid Rs.9,900 but failed to pay the balance.
Case (b) X sold some goods to Y for Rs. 10,000 and received a cheque for the full price as conditional payment. On presentment, the cheque was dishonoured by the Bank.
Case (c) X sold some goods to Y for Rs. 10,000 on a credit of one month. One month has not yet expired.
Case (d) X sold some goods to Y for Rs. 10,000 on a credit of one month and one month has expired and the price remains unpaid.
Case (e) X sold some goods to Y for Rs. 10,000 on a credit of one month. Y became insolvent during the period of credit.

Q. Solve :
X lends Rs. 10,000 to Y without interest for one month, with a stipulation that in case of default, interest shall be payable. State the legal position if rate, of interest is (a) 2% p.m. (b) 3% p.m.

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