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CA Foundation doubt

How should my answer on goods sent on approval and later pledged by the buyer be evaluated and marked?

Evaluate the answer and distribute mark

Evaluate the answer and distribute mark

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Asked by Sanjana··1 answer

1 reply

  1. BrunoAI answerAI first answer — verify with your teacher

    Your conclusion is correct, but the main reasoning is off. Estimated score: about 2 to 2.5 out of 4. Marks (a typical 4-mark split): - Provision of Section 24: 1/2. You quoted only the time-lapse rule. - Application to facts: 0.5/1. Wrong ground used. - Conclusion and recourse: 1/1. What cost you marks: 1. The key rule is Section 24(a). Property passes when the buyer signifies approval or does any act adopting the transaction. Joshi's pledge is that act, so property passed to him at the time of the pledge, not because a "reasonable time" lapsed. 2. Section 29 (seller under a voidable contract) does not apply here. Section 30(2) is not needed either. Drop both. 3. Small slips: Ganesh is a "he", and "bought" not "brought". Ganesh is a pledgee, not a buyer. Ideal line: "Pledging is an act adopting the transaction, so property passed to Joshi and Ganesh gets a good title. Preeti cannot recover the car and can only claim the price from Joshi."

Related questions

Does pledging goods received on approval count as acceptance?

Yes. Pledging is treated as an act adopting the transaction, so property passes to the buyer at the time of the pledge.

Can the seller recover goods from a pledgee in a sale on approval case?

Generally no, once property has passed to the buyer by his act of adoption. The seller's remedy is to claim the price from the buyer.

How are marks usually split in a CA Foundation law case-study answer?

Marks are commonly divided between stating the relevant provision, applying it correctly to the facts, and giving a clear conclusion.

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