Transfer of Title
Property is the ‘right of ownership’. Title is the source of right. A right is vested in a person who holds a valid title. Generally, the title must have been obtained from the owner himself. But there could be cases when the title is acquired from non-owners. The related question that arises in such cases is whether or not the buyer has obtained a good title. The law protects the true owner by providing that he alone can provide a good title
Rights of Unpaid Seller
Meaning of Unpaid Seller Section 45 defines an unpaid seller as follows: The seller of goods is deemed to be an unpaid seller: (a) when the whole of the price has not been paid or tendered, (b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument. Sub-section (2) of Section 45 has extended the definition of seller to include any person who is in the position of a seller such as an agent of the seller to whom a bill of lading has been endorsed, or a consignor who has himself paid the price.
Anti Suit Injunction in Internat
In an interconnected world, businesses are increasingly global. A Barbie doll is touched by hands in at least four countries. The ethylene for its plastic comes from Saudi Arabia, the plastic body is made in Taiwan, the golden nylon hair comes from Japan, the doll itself is assembled and painted in a shop floor in China, and finally, one can find the doll on the shelves of a toy shop in California. This is the extent of the global nature of businesses. In this era of global transfer of goods, international commercial contracts attain much significance. These contracts are the ones that enable the smooth flow of international trade. However, by the inherent international nature of these contracts, there is ambiguity about the jurisdiction of filing suits in case of problems in the execution of the contract. It is often that each party wants to file the suit in the jurisdiction that it deems may award a favourable decision. A way to resolve this is by the use of anti-suit injunctions, which prevents parallel proceedings on the same dispute. The smooth performance and quick resolution of disputes arising is important to facilitate international trade and sustain faith in the existing international trade system.
Sales of Good act chapter 2
Auction Sale- In an auction sale, the auctioneer invites bids from prospective buyers and the sale is made to the person who makes the highest bid. The auctioneer may be the seller himself or his authorized agent. Prior to actual auction, wide publicity is given and intending buyers are informed of the time and place of auction. It may be noted that the notice of auction is merely an invitation to the public to make offers. It is not an offer to sell. -LEGAL RULES REGARDING AUCTION SALES (SEC. 64)