Sam sold his horse to Ben for $4000. No date or consideration was stipulated for the delivery of the horse. While still in the possession of Sam, the horse gave birth to a colt. Who has the right to the colt?
Sam still has the right to the colt since NO DATE OR CONSIDERATION was agreed upon BEFORE the colt was born. This means that the OBLIGATION TO DELIVER the horse has NOT YET ARISEN and Ben has no right to the "fruits" of the object of the contract.
HOWEVER, if a date/consideration has been agreed upon before the colt was born then, by law, Ben has the right to own the colt as well because by agreeing upon a date/consideration the obligation to deliver would have arisen and in effect gave Ben the right to the "fruits" of the object of the contract.
*** hope this helps ***
To determine who has the right to the colt, we need to consider the laws and principles of contract and property ownership. In this case, there are a few factors to consider.
Firstly, when Sam sold his horse to Ben for $4000, a valid contract was formed between them. However, no specific date or consideration (such as time of delivery) was mentioned in the contract.
In general, when a horse is sold, the ownership and any subsequent offspring typically go with the horse unless stated otherwise in the agreement. The concept of "accession" applies here, which means that the owner of a thing (in this case, the horse) also becomes the owner of anything that naturally arises from it (in this case, the colt). This principle generally holds in property law, unless there is an explicit provision in the sales contract stating otherwise.
Since the contract between Sam and Ben does not include any provisions regarding the colt, the colt is considered an accession to the horse. Therefore, the ownership of the colt would generally belong to Ben, as he is the current owner of the mother horse.
However, it is important to note that specific laws may vary depending on the jurisdiction and any local regulations that might apply. It is always a good idea to consult a legal professional or review the applicable laws in your particular area to get a more accurate answer.