Tunde & Sons dispatched 400 crates of beverages to Obinna Enterprises to be sold on a commission basis under a standard consignment arrangement. Before Obinna Enterprises made any sales, the business went into liquidation due to insolvency. In accounting and law, how should the liquidator treat the 400 unsold crates of beverages?
- Return the entire stock to Tunde & Sons, because legal ownership remains with the consignor regardless of physical possession.Answer
- BInclude the stock in Obinna Enterprises' pool of assets to settle general creditors, because physical possession transfers liability to the consignee.
- CRecord the stock as a current asset of Obinna Enterprises subject to a court distribution order among all trade creditors.
- DDistribute the stock equally between the consignor and consignee under joint venture profit-sharing principles.
Answer
Return the entire stock to Tunde & Sons, because legal ownership remains with the consignor regardless of physical possession.
In a consignment transaction, the legal relationship established is that of principal (consignor) and agent (consignee). Title and ownership of the goods remain entirely with the consignor until the goods are sold to an external buyer. Consequently, if the consignee becomes insolvent, unsold consignment goods held on the premises are not part of the consignee's assets and must be surrendered back to the consignor.
Step-by-Step Solution
Key Concept
Principal-Agent Relationship and Ownership Rights in Consignment
Estimated Time:1m 30s