Question

Solve.
Woman by falsely misrepresenting her to be wife of a well-known Baron (a millionaire), tained two pearl necklaces from a firm of jewellers on the pretext of showing them to her husband before buying. She pledged them with a broker, who in good faith paid her Rs. 1,00,000. A suit was filed by the jeweller against the broker. Discuss the legal position.

Answer 1

Solution:
Section to which the given problem relates: Section 72.
Decision:
The broker did not get a good title and hence he must return the goods.
Reason:
There was no contract between the jeweller and the woman as jeweller never intended to contract with her.
Leading case: Lake v. Simmons