BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Agreement to Sale creates right in ____
A
Rem
B
Personam
C
General
D
Specific
Explanation: 

Detailed explanation-1: -It creates a right in personam. The seller has no right to resell. The seller has the right to resell the same goods if the conditions are not fulfilled. On the off chance that the products are annihilated, the misfortune is borne by the buyer despite the fact that the merchandise is in the ownership of the seller.

Detailed explanation-2: -Sale agreement gives a right for the purchaser to purchase the property in question on the satisfaction of certain conditions. Sale agreement precedes sale deed, signed and executed by the seller and buyer on a non-judicial stamp paper.

Detailed explanation-3: -(iv) Ownership of a house is a right in rem but the right to receive rent from a tenant is a right in personam. In the case of Booz Allen, [1] the Supreme Court of India explained the distinction between rights in rem and rights in personam as follows.

Detailed explanation-4: -An in personam right is a personal right attached to a specific person, such as contract rights, a tort award against a defendant, or a license.

Detailed explanation-5: -jus in personam? is a right against or in respect of a person. In modern legal terminology a right in rem, postulates a duty to recognise the right imposed upon all persons generally, a right in personam postulates a duty imposed upon a determinate person or class of persons.

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