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Sale of Goods Act Project

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section. 30 of the act
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   1 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY CONTRACT LAW - II PROJECT ON SECTIONS .30 OF SALE OF GOODS ACT AN EXCEPTION TO NEMO DAT QUOD NON HABET RULE. BY K.S.S. HARSHA, 201256, 3RD SEMESTER. DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISKHAPATNAM   2 Damodaram Sanjivayya National Law University Certificate I, Mr/Miss __________________________________________ with Reg. No  __________________of _____ Semester prepared the Project on  ________________________________________________________________  _________________ In partial fulfilment of his/her semester course in the subject  __________________________________ During the academic year 2012-2013 under my supervision and Guidance Signature of Faculty   3 INDEX 1.   INTRODUCTION AND SALE DEFINITION…………………. 4 2.   NEMO DAT QUOD NON HABET RULE……………………… 5 3.   SALE BY NON- OWNERS……………………………………… 5 4.   PROVISIONS OF THE ACT…………………………………….. 6 5.   SALE BY SELLER IN POSSESSION AFTER SALE………… 7 6.   SALE BY BUYER IN POSSESSION AFTER SALE…………. 10 7.   HIRE  –   PURCHASE AGREME NTS………………………….. 12 8.   CONCLUSION………………………………………………….. 13 BIBLIOGRAPHY TABLE OF CASES   4 INTRODUCTION: In a ce rtain circumstances, the “Nemo Dat Quod Non Habet” does not apply. It is the situation where the buyer still get the title of owner even seller was not the ultimate owner or do not have authority at all to sell. The exception of “Nemo Dat Quod Non Habet” is estoppel. Where the owner conduct makes it appear to the buyer that the person who sells the gods has his authority to do and the buyer relies on that conduct, the buyer obtains a good title because the owner is precluded by his conduct from denying the seller’s authority to sell.   SALE DEFINITION: The dictionary meaning of the word “ sale” is defined as an agreement or contract in which  property is transferred from the seller to the buyer for a fixed price in money paid or agreed to be paid by the buyer. The actual legal definition has been explained in the Section. 54 of the Transfer of Property Act, 1882. SALE:   “Sale   “is  a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised. 1  A sale of an immovable property is the transfer of ownership and after the sale all the rights and liabilities of the owner transfer into the vendee. A sale conveys a legal title to the  purchaser because absolute interest of the vendor passes to the vendee. A sale requires a compulsory registration where the sale is of tangible immovable property of Rs.100 or more. Where according to a memorandum of understanding MOU between parties, the plaintiff’s  paid the price and in return they were promised by the defendant  –   owner the rights and interest in the property to be developed by them and to be sold by them in the open market. The plaintiffs were also given the right to collect rent from tenants and also to provide  permanent alternative accommodation for defendant and her tenants; it was held that it was not mere development agreement but agreement of sale. 1  Sec .54 of the transfer of property Act,1882.

4100 Homework 4

Jul 23, 2017
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