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CSEET · Business Laws and Management · Elements of Law relating to Sale of Goods

Consider these statements on Section 23 of the Sale of Goods Act, 1930: (I) Property in unascertained goods passes when goods of that description in a deliverable state are unconditionally appropriated to the contract. (II) The buyer's assent to appropriation by the seller can be given only before the appropriation is made. Which is correct?

Only statement I is correct. Property passes when deliverable goods of the contract description are unconditionally appropriated with the other party's assent. Statement II is wrong because the assent can be express or implied and may be given before or after the appropriation.

  1. AOnly I is correctCorrect
  2. BOnly II is correct
  3. CBoth I and II are correct
  4. DNeither I nor II is correct

Explanation

Statement I reflects Section 23(1). Statement II is wrong because the assent may be express or implied and may be given either before or after the appropriation is made.

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