The Sale of Goods Act, 1930
A. Does not define the term mercantile agent
B. Defines the term mercantile agent under section 2(9)
C. Defines the term mercantile agent under section 2(10)
D. Defines the term mercantile agent under section 3
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A written condition in an auction sale of goods which protects the seller
A. Can be over-ridden by a written warranty only before the auction so that damages can be recovered for breach of the warranty
B. Can be over-ridden by an oral warranty before the auction and damages may be recovered for breach of the warranty
C. Cannot be over-ridden by an oral warranty before the auction
D. Only (C) and neither (A) nor (B)
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Under section 19 of the Sale of Goods Act, 1930, the property in goods in a contract for sale of specific or ascertained goods, passes to the buyer
A. When the contract is made
B. When the parties intend the property in goods to pass
C. When the goods are delivered
D. When the price is paid
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In contracts of sale and purchase of goods, the measure of damages will be
A. The difference between the price contracted and the price actually paid
B. The difference between the market price and the price actually paid
C. The difference between the price agreed upon the market price
D. The difference between the market price and the speculated paid
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Formalities of the Contract of Sale of Goods have Leen provided in the Sale of Goods Act, 1930, under
A. Section 5
B. Section 6
C. Section 4
D. Section 7
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Where the seller appropriates the goods on shipment, yet deals with the bill of lading in such a way as to prevent the buyer obtaining possession of the goods without payment of the price, the property in goods shall
A. Pass to the buyer absolutely
B. Not pass to the buyer at all
C. Pass to the buyer subject to seller's lien for the price
D. Either (B) or (C)
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The second exception to the rule of caveat emptor is contained under . . . . . . . . . of the Sale of Goods Act, 1930
A. Section 16(1)
B. Section 16(2)
C. Section 16(3)
D. Section 16(4)
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Right to stoppage in transit arises:
A. When the buyer becomes insolvent
B. When the goods are in transit
C. Either (A) or (B)
D. Both (A) and (B)
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The right to sue a carrier lies
A. With the seller who delivers the goods to the carrier
B. With the buyer to whom the goods have been transmitted
C. With the party in whom the property in goods vest
D. Only the buyer and not the seller irrespective of in whom the property in goods vest
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Under the Sale of Goods Act, 1930 the delivery can be:
A. Symbolic only
B. Actual only
C. Constructive only
D. All the above
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The burden of the proof that a part delivery of goods is the delivery of the whole, under section 34 of the Sale of Goods Act, 1930 is
A. On the party who affirm it
B. On the party who assails it
C. On both the parties
D. Only (B) and not (A) and (C)
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Baldry v. Marshall is a leading case relating to:
A. Fitness for buyer
B. Sale under a patent or trade name
C. Consent by fraud
D. None of the above
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In a contract of sale of goods under the Sale of Goods Act, there can be stipulations both in the nature of conditions and warranties.
A. Yes, in a contract of sale there can be stipulations which are both in the nature of conditions and/or warranties
B. With respect to sale of goods under the Sale of Goods Act, if the contract is an International contract only then can the contract contain conditions and warranties
C. With respect to sale of goods under the Sale of Goods Act which are in the form of bullion or jewellery only then can there be both conditions and warranties in the contract of sale of such goods
D. Conditions and warranties in a contract of sale of goods can both exist provided the warranties are those which are only those written on a stamped agreement duly notarized as per Section 85 of the Indian Evidence Act
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Property' under Section 2(11) of the Sale of Goods Act, 1930 means
A. The general property in goods
B. Merely a special property in goods
C. Mercantile element in goods
D. Quality element in goods
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In a c.i.f. contract
A. Delivery of invoice, etc., to the buyer amounts to delivery of goods to the buyer
B. Receipt of money by the seller amounts to delivery of goods to the buyer
C. Neither deliver of invoice, etc., to the buyer nor the receipt of money by the seller amounts to delivery of goods to the buyer
D. Either (A) or (B)
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Section 15 of the Sale of Goods Act, 1930 provides for
A. Implied conditions in case of the sale of goods by description
B. Implied conditions in case of the sale of goods under a trade or brand name
C. Implied warranty in case of the sale of goods by description
D. Implied warranty in case of sale of goods under a trade or brand name
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Sale under Sale of goods Act is a/an . . . . . . . . Contract
A. Executory
B. Executable
C. Executed
D. None of the above
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Which of the following documents is a document of title to goods
A. Bill of exchange
B. Promissory note
C. Dock warrant
D. All the above
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Where the seller gives notice of his intention to re-sell the goods to the buyer, and thereafter re-sells the goods, under section 54(2) of the Sale of Goods Act, 1930
A. The seller is liable to account for the surplus with the buyer and the buyer is liable for damages
B. The buyer is not entitled to the profits of re-sale though he may be liable for damages
C. The buyer is entitled to the profits of resale and not liable for damages
D. The buyer is neither entitled for the profits on re-sale nor liable for the damages
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Which of the following statements is incorrect in respect of Rules as to delivery:
A. Where the goods are in the possession of a third person, the goods are not delivered to buyer unless such third person acknowledges to the buyer that the goods are held by him on seller's behalf
B. Where no time is fixed for sending the goods it should be delivered within a reasonable time
C. The expenses of and incidental to putting the goods into a deliverable state shall be borne by the buyer
D. Demand or tender of delivery may be treated as effectual only when made at a reasonable hour
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