Multiple choice

Mr. A a student of final C. A, selects certain books in a bookshop. The price is settled. He arranged to take delivery of the books the next day through his servant and agrees to pay for the books on the 1st of next month. The books are destroyed by fire in the evening. In this case, the property in books has passed to the buyer and therefore the buyer (i: e Mr. A) is bound to pay the price

  1. True

  2. False

  3. Partly true

  4. Cannot say

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A Correct answer
Explanation

Under the Sale of Goods Act, property in goods passes to the buyer when the parties intend it to pass. Here, Mr. A selected the books, the price was settled, delivery was arranged, and a payment date was fixed - all indicating the parties intended property to pass immediately. Since property had passed, the risk of destruction was also with Mr. A, making him liable to pay the price even though the books were destroyed before delivery.