215111070- Business Law- Anshuman Dutta- DoMS

8/3/2019 215111070- Business Law- Anshuman Dutta- DoMS

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BUSINESS LAW -

TRANSFER OF

PROPERTY

ANSHUMANDUTTA,

1ST YR, DoMS,

215111070


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BUSINESS LAW

My topic of presentation on Business Law was - TRANSFER OF PROPERTY

Following is the write up of my presentation.

TRANSFER OF PROPERTY

(I)SPECIFIC GOODS, SEC 20 to 22

PASSING OF PROPERTY AT THE TIME OF CONTRACT

When there is an unconditional contract for the sale of goods in a deliverable state, the

property in the goods passes to the buyer when the contract is made. The fact that the time of

payment of the price or the time of delivery of the goods, or both, is postponed does not

prevent the property in goods passing at once (Sec 20)

Eg:- If B selects certain books in book shop , the price is settled and he arranges to take

delivery of the books the next day through his servant and agrees to pay for the books on the

first of the next month . The books are destroyed by fire the same evening. The property of

the book has passed to the buyer and he is bound to pay the price.

PASSING OF PROPERTY BEYOND THE DATE OF THE

CONTRACT

(i)Goods not in a deliverable state-

Where there is a contract for the sale of specific goods not in a deliverable state, i.e., the

seller has to do something to the goods to put them into a deliverable state, the property does

not pass until such thing is done and the buyer has notice of it. (Sec 21)

Eg:- There was a contract for sale of machine, weighing 30 tons and embedded in a concrete

floor. A part of the machine was destroyed while being removed, Held the buyer was entitled

to refuse to take the machine as it was not in a deliverable state [Underwood v. B. C Cement

Syndicate, (1922) 1 K.B. 343

(ii) When the price of the goods is to be ascertained by weighing, etc.-

When there is a contract for the sale of specific goods in a deliverable state, but the seller is

bound to weigh, measure, test or do some other act or thing with reference to the goods for

the purpose of ascertaining the price, the property does not pass until such act or thing is done

and the buyer has notice of thereof (Sec 22)

(II)UNASCERTAINED GOODS, SEC23

When there is a contract for the sale of unascertained goods, the property in the goods does

not pass to the buyer until the goods are ascertained (Sec 18). Until goods are ascertainedthere is merely an agreement to sell.


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Ascertainment is the process by which the goods answering the description are identified and

set apart.

Further the goods must be appropriated to the contract.

Eg:- In a sale of 20 hogheads of sugar out of a lager quantity, 4 were filled and taken away bythe buyer. The remaining 16 hogheads were subsequently filled and the buyer was informed

of the same. The buyer promised to take them away but before he could do so, the goods

were lost. Held, the property had passed to the buyer at the time of the loss [Rhode v.

Thwaites,(1827) 6 B.&C. 388]

If the contract is silent as to the party who is to appropriate the goods, the party who under

contract is first to act is the one who appropriates.

DELIVERY TO CARRIER

The seller is deemed to have unconditionally appropriated the goods to the contract where hedelivers them to the buyer or to a carrier or other bailee (whether named by the buyer or not)

for the purpose of transmission to the buyer, and does not reserve the right of disposal [Sec.

23(2)]

Absolutely for the buyer-Where the bill of lading or railway receipt is made out in the name of the buyer and is sent to

him, the presumption is that no right of disposal has been reserved by the seller in respect of

those goods. The ownership in such a case passes from the seller to the buyer.

Absolutely for the seller-Where the bill of lading or railway receipt is taken in the sellers or his agents name and is

sent to the agent of the seller to be delivered to the buyer on the fulfillment of certain

conditions, the seller is deemed to have reserved the right of disposal of the goods. In such a

case the ownership does not pass to the buyer until the necessary conditions are fulfilled and

the documents of the title are delivered to the buyer.

Personal Assessment:

The content on the topic was exhaustive in nature and the book which I refer N.D.Kapoor

was comprehensive for the topic.

As I started my presentation, I had apprehensions about performance, as knew that my

learned faculty is keenly watching me on every aspect of my presentation, either be it my

presentation skill or the delivery skills and even the course content. Needless to say, his

observations and suggestions will be of immense benefit to me as well as all my batch mates.

Walking up to the stage did get me a sense of nervousness and as I started delivering my

presentation, I gained my confidence owing to my preparation.


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SWOT Analysis

Strengths:-

My voice clarity and the way of presentation.

Preparation of the presentation.

Weaknesses:-

The preparation of the presentation took a lot of time as I had to comprehend the

subject and business law is a subject which I am not much comfortable with.

During the course of presentation I was not able to keep pace of my presentation, as

sometimes is forgot to change slides.

Opportunities:-

Though business law is a tough subject to comprehend, during the preparation of the

presentation I could realise that if due time is given in the preparation of the subject to

students like me, the subject will be easily comprehensible.

The presentation of the topic also gave me valuable insights into the various rules and

necessary regulations pertaining to transfer of property during normal course of

business.

The presentation also gave me an opportunity to look into the various aspects of my

presentation and improve thereon.

Threats:-

As I was presenting, the pace of my presentation, at times, were fast and it was

certainly difficult for the class to follow me at that time.

The nervousness at the start of the presentation did hamper my flow of

presentation initially.

Starting the preparation process:-

We are a team of five members and the team was decided by our roll number.

During the first team meeting we discussed upon the entire topic and equally

distributed among ourselves, as soon as the topic was declared.

We later went through our individual topic and made an outline of each presentation.

When we all have completed with the presentation, we meet again, went through all

the prepared presentation and arranged all the power point slides sequentially.

The biggest advantage of being in the team was, every members was involved in the

presentation and advice each other on the structure of the presentation.


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SUGGESSTION BY FRIENDS:-

As I finished by presentation my friends and teammates advised me not to speak too

fast, as I have a clear loud voice which help to the class engaged but when I spoke fast

I loose contact with the audience.

They also advised to have eye contact with the entire audience in the hall, as at times I

tend to look only at my team members.

Final comments on the basics of presentation delivery by Faculty to the class:-

The foremost thing which our faculty told was engaging the audience.

A presenter should have a clear voice which is of outmost importance as audibility of

presenters voice is very important for engaging the audience and also for the audienceto comprehend on the content of presentation.

It is completely the skill of the presenter to engage in the presentation.

He also advised not the take paper or a notebook while presenting, as it gives an

impression that the presenter is not well prepared.

The also advised everyone to practice on the skills of presentation, as it is a skill of

outmost necessity for every business professional.

Also said that all the contents should not be stuffed up in the slides, as it gives acompletely hazy look to the slides and to the presentation as a whole.

Documents

215111070- Business Law- Anshuman Dutta- DoMS