Question
1.1. Albarka Co. Ltd purchased two cars from Genesis Motors at the rate of Fifty Million Naira for the purpose of running its business. The
1.1. Albarka Co. Ltd purchased two cars from Genesis Motors at the rate of Fifty Million Naira for the purpose of running its business. The cars were inspected and identified by Albarka Co. Ltd for the purpose of the said contract. After paying for the said cars, Albarka Co. Ltd sent its drivers to collect the keys to the cars including all the necessary documents in respect of the cars and to drive the cars away from the car stand of Genesis Motors. After collecting the keys to the said cars including the documents thereof and when about to drive the two cars away from the car stand of Genesis Motors, thunder struck and destroyed the two cars.
(a)Does this qualify as a contract of sale of goods?
(b)What is the consideration furnished by Albarka Co. Ltd in respect of the contract in issue?
(c)As at the time the thunder struck, do you think the property in the goods had passed to Albarka Co. Ltd?
(d)In law, can Albarka Co. Ltd ask for the replacement of the damaged cars from Genesis Motors?
(e)Suppose Albarka Co. Ltd paid for the cars and collected receipts in respect thereof but left them in the possession of Genesis Motors with a promise to take possession of them the next day, but, that same day of payment wherein receipts were collected, robbers and forcefully took away the cars while still in the possession of Genesis Motors, who bears the loss? Give reasons for your answer .
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