Sony, a friend of Priya wanted to buy her two-wheeler. Priya agreed to sell her two-wheeler to Sony and it was decided that price of her two-wheeler…
CA Foundation · Business Laws · MTP · May 2026
Sony, a friend of Priya wanted to buy her two-wheeler. Priya agreed to sell her two-wheeler to Sony and it was decided that price of her two-wheeler will be fixed by Priya's father, who is an auto dealer. Priya immediately handed over the keys to Sony. However, Priya's father refused to fix the price as he did not want Priya to sell her vehicle. Priya expressed her inability to sell the two-wheeler to Sony and asked for return, but Sony refused to return the same. Explain under the Sale of Goods Act, 1930 - (i) Can Priya take-back the vehicle from Sony? (ii) Will your answer be different, if Priya had not handed over the vehicle to Sony?
Suggested Answer and Working Notes:
Ascertainment of price (Section 9 of the Sale of Goods Act, 1930): By virtue of Section 9, the price in a contract of sale may be - (1) fixed by the contract, or (2) agreed to be fixed in a manner provided by the contract, e.g., by a valuer, or (3) determined by the course of dealing between the parties. Agreement to sell at valuation (Section 10): Section 10 provides for the determination of price by a third party.
Topics: The Sale of Goods Act, 1930
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