Sales of goods Act

This topic contains 5 replies, has 2 voices, and was last updated by Avatar of MikeLittle MikeLittle 1 year, 5 months ago. This post has been viewed 80 times

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    pritu
    Participant
    • Topics: 3
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    hello sir,
    may i please know what are the rights of a buyer when a seller goes bankrupt and the goods are bicycles?


    Avatar of MikeLittle
    MikeLittle
    Keymaster
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    Has the purchase contract been completed? So are you asking about the warranty situation? Or are you asking about having entered into a contract with the seller and, before delivery, the seller declares bankruptcy?

    And, in that situation, have you paid a deposit? Or the full amount?

    I can’t answer your question with the little information you have given me!

    Maybe the answer would be that the buyer should travel by bus if he can’t buy a bicycle.

    Pritu, you need to give me more details


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    pritu
    Participant
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    sorry sir, the full information this is the full information.

    The seller had sold a number of bicycles to the buyer, the seller was to load the goods on a ship to be transported to the buyer. The seller packed the bicycles with crates marked with the buyer’s name and address. Before the bicycles could be despatched, the seller went bankrupt and refused to surrender the goods to the buyer


    Avatar of MikeLittle
    MikeLittle
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    OK, it now depends on the specific contract terms. If this were a pure English sale of goods situation, title to the goods ( unascertained at the inception of the contract ) would pass when the goods had been unconditionally appropriated to the contract and the buyer had notice of that fact.

    You mention shipping, so I suppose we’re facing an International situation. So it now depends on specific contract terms – was the sale Exw, Fob etc. these details / terms explain at what time risk passes and generally risk passes with ownership.

    Again, Pritu, for me to give you an answer, I need to know the details within the contract about the timing of the passing of the title to the goods.

    An interesting point – people tend to go bankrupt because they are not selling enough goods. Why would the bankrupt seller not want to deliver the goods ( presumably at a profit )?

    Seems crazy to me!


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    pritu
    Participant
    • Topics: 3
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    am sorry for not providing full information coz this is what i have. i dont have more information i send u b4. and thnx alot for replying


    Avatar of MikeLittle
    MikeLittle
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    You’re welcome

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