- Match List I with List II relating to The Sale of Goods Act
List I
A. Actionable claim
B. Appropriation of goods
C. Existing goods
D. Future goods
List II
I. Goods to be manufactured after the making of the contract
II. Goods owned by the seller at the time of the making of the contract of sale
III. Separating the goods sold from other goods so as to determine and identify the actual goods to be delivered
IV. Recovered only by means of a suit or an action in a court of law
Choose the correct answer from the options given below:
(a) A – I, B – II, C – III, D – IV
(b) A – II, B – IV, C – I, D – III
(c) A – III, B – I, C – IV, D – II
(d) A – IV, B – III, C – II, D –I - Where there is an unconditional contract for the sale of specific goods in a deliverable state, the property (ownership) in goods passes to the buyer when
(a) the contract is made
(b) the payment is made
(c) the goods are delivered
(d) the goods are dispatched - X entered into contract with Y to deliver certain goods to Y. X offered the goods to Y at proper time and place, but Y refused to accept the goods. In this case
(a) X does not have any right against Y.
(b) X can sue Y for breach of contract, but not discharged from his liability.
(c) X is discharged from his liability and can also sue Y for breach of contract.
(d) Y is not liable for breach of contract. - According to the Sale of Goods Act (Section 9), modes of fixing the price by one or the other are:
(A) It may be expressly fixed by the contract itself
(B) If the price is not capable of being determined in accordance with any of the other modes, the buyer is bound to pay the seller price of his own choice
(C) It may be determined by the course of dealings between the parties
(D) It may be fixed in accordance with an agreed manner provided by the contract
Choose the correct answer from the options given below:
(a) (A), (B) and (C) only
(b) (A), (B) and (D) only
(c) (A), (C) and (D) only
(d) (B), (C) and (D) only - The sale of Goods Act, was enacted on:
(a) 15th February, 1930
(b) 15th March, 1930
(c) 15th April, 1930
(d) 15th January, 1930 - According to the Sale of Goods Act (Section 9), modes of fixing the price by one or the other are:
(A) It may be expressly fixed by the contract itself
(B) If the price is not capable of being determined in accordance with any of the other modes, the buyer is bound to pay the seller price of his own choice
(C) It may be determined by the course of dealings between the parties
(D) It may be fixed in accordance with an agreed manner provided by the contract
Choose the correct answer from the options given below:
(a) (A), (B) and (C) only
(b) (A), (B) and (D) only
(c) (A), (C) and (D) only
(d) (B), (C) and (D) only - Which one of the following relates to warranty?
(a) It is of vital importance for completion of contract
(b) If there is breach, the aggrieved party can repudiate the contract
(c) It is essential to the main purpose of the contract
(d) In case of breach, the aggrieved party can claim only damages - M agrees to sell 50 refrigerators to N, at a price to be determined by Z. 30 of 50 refrigerators are delivered to N. N agreed to the above agreement, without asking the dealer whether the refrigerators are fit to make ice and paid the determined consideration. The refrigerators failed to make ice.
(a) M must refund the price, because refrigerators are meant to make ice.
(b) M will refund the price, only if the buyer would have disclosed the particular purpose.
(c) M will refund the price at this option.
(d) M need not refund the price. - In which of the following case the implied condition and warranties may be treated as excluded?
(a) The implied condition or warranty has been negated or varied with an expressed agreement
(b) The implied condition or warranty has not been negated or varied with an expressed agreement.
(c) The course of dealings between the parties may also negate the implied condition or warranty
(d) The customs or trade usage may also exclude the implied condition or warranty from a contract. - Which of the following is not an implied condition in a contract of sale?
(a) Condition as to description
(b) Condition as to sample
(c) Condition as to undisturbed Possession
(d) Condition as to wholesomeness - The doctrine of ‘Caveat emptor’ applies in which of the following situations?
(a) When goods are sold by description
(b) When goods are sold by sample
(c) When goods are sold under implied conditions and warranties
(d) When the buyer does not intimate the purpose to the seller and depends upon his own skill and judgment. - The doctrine of Caveat emptor is not applicable
(a) In case of sale under a patent name.
(b) In case of sale under a trade name.
(c) Where the seller is guilty of fraud
(d) Where the buyer relies on the skill and judgment of the seller. - Given below are two statements: One is labelled as Assertion A and the other is labelled as Reason R:
Assertion A : ‘Lien’ is the right to retain possession of goods and refuse to deliver them to the buyer until the price due in respect of them is paid or tendered.
Reason R : An unpaid seller in possession of goods sold is entitle to exercise his lien on the goods where the goods have been sold without any stipulation as to credit
In the light of the above statements, choose the most appropriate answer from the options given below:
(a) Both (A) and (R) are correct and (R) is the correct explanation of (A)
(b) Both (A) and (R) are correct but (R) is not the correct explanation of (A)
(c) (A) is correct but (R) is not correct
(d) (A) is not correct but (R) is correct - What rights does an unpaid seller have against the goods?
A. Right of lien
B. Right to sue for specific performance
C. Right of resale
D. Right of stoppage of goods in transit
E. Right to reorganise possession of goods
Choose the correct answer from the options given below:
(a) A, B and C Only
(b) B, C and D Only
(c) C, D and E Only
(d) A, C, D Only - Which of the following is true?
(a) If a seller breaks a condition of the contract of sale, the buyer is entitled to cancel the contract
(b) A buyer can become the owner of goods without having paid the price
(c) If the unpaid seller sell the goods to a third party without serving notice to the first buyer, the sale is valid
(d) The subject-matter of the contract of sale of good, i.e. the goods, must be movable and tangible - The essence of a right of lien is to
(a) Delivery the goods
(b) Regain the possession
(c) Retain the possession
(d) None of the above - Match List I with List II
LIST I
(The sale of Goods Act, 1930)
(Condition)LIST II
(Section)A. Sale by Auction I. 15 B. Breach of Warranty II. 27 C. Sale by Description III. 13 D. Transfer of Title IV. 64 - In a contract for sale of goods, buyer may have an action, in respect of physical injuries caused by defect in the goods.
(a) Against the manufacturer
(b) Against the dealer as also the manufacturer
(c) Against the dealer
(d) Against the customer - Some bottles of soft drink were supplied by X to Y. Y got injured due to bursting of one of the bottles. Y claimed damages from X due to:
(a) Condition as to fitness and quality
(b) Condition as to wholesomeness
(c) Condition as to merchantability
(d) Condition in a sale by description - A Bill of Landing is a
(a) Bill of Exchange
(b) Promissory Note
(c) Cheque
(d) Document of Title to Goods