MNO Limited, a supplier of electronic components, entered into a contract on August, 1,2023, with PQR Enterprises for the sale of 1000 units of…

(i) According to Section 18 of the Sale of Goods Act,1930, where there is a contract of sale for unascertained goods, the property in goods cannot pass to the buyer unless and until the goods are ascertained. The buyer can get the ownership right on the goods only when the goods are specific and ascertained. According to section 20 of the Sale of Goods Act,1930, where there is an unconditional contract for sale of specific goods in deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment of price or the time of delivery of the goods, or both, is postponed. Here, the condition is goods must be ready for delivery. In the instant case, since the microchips were specifically identified and were in a deliverable state when the contract was formed on August, 1,2023, ownership (and risk) likely passed to PQR Enterprises on August, 1,2023. Therefore, PQR Enterprises will suffer the loss. Goods are not specifically identified and ascertained: If the microchips were not specifically identified and marked for PQR Enterprises at the time of the contract, MNO Limited will suffer the loss, as the risk would not have transferred to PQR Enterprises. (ii) As per Section 27 of the Sale of Goods Act,1930, “no one can transfer a better title than they themselves have.” This means that a person who is not the owner of goods cannot convey ownership unless authorized by the true owner. Also, Section 14(a) imposes an implied condition in every contract of sale that the seller has the right to sell the goods means he should be the real owner. If the seller’s title turns out to be defective, the buyer must return the goods to the true owner and recover the price from the seller. In the instant case, A will succeed in his action against B for the return of the price, as B had no title to sell the stolen motorcycle, and the sale was in breach of the implied condition.