November 6, 2012 at 5:30 am
may i please know what are the rights of a buyer when a seller goes bankrupt and the goods are bicycles?November 6, 2012 at 5:20 pm
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 detailsNovember 7, 2012 at 12:25 pm
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 buyerNovember 7, 2012 at 7:17 pm
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!November 8, 2012 at 1:01 pm
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 replyingNovember 8, 2012 at 9:54 pm
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