Sunday, May 29, 2011

Title to the Calf


I was lecturing on the Sale of Goods Act recently when I had this peculiar query from a participant:

A female elephant was sold by A to B. The elephant was pregnant and during transit from A to B, the elephant delivered a calf. To whom does the calf belong? The querist was not clear as to how neither seller nor buyer was aware that the elephant was pregnant. Apparently the elephant alone was aware that she was in the family way!

My reply:

As the sale had taken place as is where is without any specific provision as to disposal of accretions, B the seller would be entitled to the calf. I was support by a whole contingent of participants from Kerala in this view. I also learnt that the price of an elephant may range from rupees ten to fifteen lakhs. Wow!

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Murudeeshwar