Question

DIRECTIONS: The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given herein below. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: A seller of goods cannot transfer better rights than he himself possesses in the goods sold to the buyer.

Facts: Komal leaves his watch by mistake on a seat in the park, Sonal finds that watch and immediately sells the same for a good price to Monal who without inquiring whether Sonal is its owner or not. Komal later on claims that watch from Monal. Decide whether Komal can succeed.

Options

• Komal cannot succeed as Monal has paid good price of the watch

• Komal cannot succeed as Monal is unaware of the fact that Sonal is not its owner

• Komal cannot succeed as it was his carelessness and nothing else which enables Sonal to sell the watch to  Monal 

• Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Monal

Answer 1

Komal cannot succeed as Sonal is merely finder of the watch and, therefore, cannot transfer ownership rights thereon to Monal

Explanation:

According to the principle given, a seller of goods cannot transfer better rights than he himself possesses in the goods sold. Here, in this case, Komal will not succeed because Sonal is simply a finder of the watch and does not have ownership rights, so she cannot transfer ownership rights to Monal.