Business Law (Case Study)
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This presentation is by a group of 6 students from IIPM about a case study. The case involves a customer named Habib who wanted to buy a rare book priced at 500 Taka from Book House, but the salesman refused as it was the only copy and had already been promised to another customer. The group discusses the key facts of the case, relevant concepts from contract law including invitation to treat and offer, and concludes that Book House is not legally obligated to sell the book to Habib since they have the right to refuse the sale. The presentation is ordered by the 6 group members.
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Business Law (Case Study)
- 2. IIPM Group Member Kawsar Ahamed 13-1-12-0180 Fatema Tuz Zohora 13-1-12-0137 Md. Atiqur Rahman 13-1-12-0146 Jahid Hossain 13-1-12-0188 Rumi Bhuiyan 13-1-12-0158 Mst. Sharmin Akhter 13-1-12-0150
- 3. IIPM
- 6. IIPM Issue Book house display a book with price chit. A customer is Habib wants to buy the book but the book seller reject to sell. Because this was the only one copy and book house promised to sell it another customer. Now is book house bound to sell the book to Habib.
- 7. IIPM Discussion And Findings 1. Habib wanted to buy some books from Book House on dated October 5, 2010. 2. Habib found a rare publication a book on philosophy, that price tk 500. 3. But the salesman said that it was the only copy and already promised it to another customer
- 12. IIPM The Book House is not liable to sell the book to Habib. They has the right to refuse to sell the book. Order:
- 13. IIPM
Editor's Notes
- The seller of goods is deemed to be an ‘Unpaid Seller’ – When the whole of the price has not been paid or tendered. When a bill of exchange or other negotiable instrument has been received as conditional payment, and it has been dishonored.
- Where the property in goods has not passed to the buyer, the unpaid seller has in addition, to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transit where the property has passed to the buyer.[Sec 46(2)]
- Rights of unpaid seller against the goods - After goods are sold and property is transferred to buyer, the only remedy with seller is to approach Court, if the buyer does not pay. Seller has no right to take forceful possession of goods from buyer, once property in goods is transferred to him. However, the Act gives some rights to seller if his dues are not paid. Meaning of Unpaid Seller[Sec 45(1)(2)] Auction Sale.[Sec 64] Rights of Unpaid Seller.[Sec 46-52, 54-56, 60-61
- Auction sale - Auction sale is special mode of sale. The sale is made in open after making public announcement. Buyers assemble and make offers on the spot. Person offering to pay highest price gets the goods. Usually, auctioneer is appointed to conduct auction. Higher and higher bids are offered and sale is complete when auctioneer accepts a bid.- - - In the case of a sale by auction— (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer; (5) the sale may be notified to be subject to a reserved or upset price; (6) if the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer. [section 64].
- Right of Lien.[Sec 47, 48 & 49] Right of Stoppage of Goods in Transit. Right of Resale.[Sec 46(1) & 54] Seller's lien 41. (1) Subject to this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases:- (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit but the term of credit has expired; (c) where the buyer becomes insolvent. (2) The seller may exercise his lien or right of retention notwithstanding that he is in possession of the goods as agent or bailee or custodier for the buyer. Part delivery 42. Where an unpaid seller has made part delivery of the goods, he may exercise his lien or right of retention on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention. Termination of lien 43 (1) The unpaid seller of goods loses his lien or right of retention in respect of them- (a) when he delivers the goods to a carrier or other bailee or custodier for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) when the buyer or his agent lawfully obtains possession of the goods; (c) by waiver of the lien or right of retention. (2) An unpaid seller of goods who has a lien or right of retention in respect of them does not lose his lien or right of retention by reason only that he has obtained judgment or decree for the price of the goods.