Under the Sale of Goods Act, 1930, after the property in a specific Maruti car has passed to Prafulla…
Under Section 26 of the Sale of Goods Act, 1930, unless otherwise agreed, when the property in the goods is transferred to the buyer, the goods are at the buyer's risk…
Choose your answer
Under the Sale of Goods Act, 1930, after the property in a specific Maruti car has passed to Prafulla and Prashant Automobiles is ready and willing to deliver it, Prafulla wrongfully refuses to take delivery of the car from Prashant Automobiles, and the car subsequently gets burnt in an accidental fire without any fault of the seller. Then
Answer and explanation
Correct answer C
Under Section 26 of the Sale of Goods Act, 1930, unless otherwise agreed, when the property in the goods is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not. Furthermore, under the first proviso to Section 26 and Section 44 of the Act, where delivery has been delayed through the fault or wrongful refusal of the buyer to take delivery within a reasonable time after the seller's request, the goods are at the risk of the buyer as regards any loss which might not have occurred but for such fault. Consequently, Prafulla must bear the loss of the car.
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