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TOPIC: TRANSFER OF PROPERTY



LEARNING OBJECTIVES:

Business & Labor Law students will be ready to:

  • Understanding the basics of transfer of property.
  • Understanding the laws regarding goods delivering.

 

LEARNING OUTCOMES:

Business & Labor Law Students are likely to:

  • To understand the nature of movable goods.
  • Gain knowledge about the basics of goods in delivering state.

 

THE CASE:

Mr Yasir is a well known industrialist in the field of leather products with the brand name Yasir Leather International. The demand for his company products were ever high capturing more and more market. But due to the prevailing law and order and electricity situation, his firm found it hard to meet the demand of the customers. Another problem with the ever changing customer demands in the form of new styles for the dresses.

In order to deal with this situation, Mr Yasir approached a China based firm to procure a new machinery that had a low price along with the backup of electricity for as long as one hour.  Being satisfied with these features, he signed the agreement with the china based company for the requisite machinery and also made half of the payment. The machinery was loaded for Pakistan destined at Karachi. At the arrival of the machinery at Karachi, it was found that it was damaged partly. He intends to cancel this deal and demand for a new or fresh machinery without any defect.

Questions:

  1. Explain, should Mr Yasir accept the same machinery after being repaired or demand for a new (fresh one)?
  2. If Mr. Yasir declines to accept this machinery, is he justified or not or what is the flaw

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Replies to This Discussion

q.2 nhe samajh a rha tariq bhai please help

and im busy with my son , my family .,. i hate 2 do study now

done,...   . numbe tu phr b 5 he dyny hain. itni mehnat k b,.,

Nature of contract

Executory contract

 

Transfer of property

Ownership is transferred to buyer at some future date/time.

 

Risk of Loss

Loss shall be suffered by the seller.

 

Right of Re-sale

Since possession of goods is with the seller he can sell the goods but this act would lead to the breach of contract.

 

Insolvency of seller

The buyer cannot recover the goods from the official receiver

fairy ye kia kaha hai apne :( ap btaen gi zra plz 

According to Delivery Clause 

Mr Yasir have to accept the machinery but he can claim damages as ownership has been transferred. Now this machinery is the property of Mr, Yasir

Awnser of 2nd Question according to my understanding....

and for 1st question you just have to describe WHY ....repaired on OR new one?

hope everyone can understand

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