In an agreement to sell the buyer has paid the price but before sale takes place the seller becomes insolvent. Can the buyer claim property in goods?
A. Yes he can as the seller has become insolvent
B. Yes if he gets official information of seller's insolvency
C. No he cannot as the property in goods have yet not passed to the buyer
D. Property in goods will vest in the state
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When can a breach of condition be treated as a breach of warranty by the seller as per the provisions of Sale of Goods Act, 1930:
A. When the buyer fulfils the condition stipulated to the contract of sale
B. When the contract of sale is severable and the buyer has accepted the entire goods
C. When the contract of the sale is not severable and the buyer has accepted the goods or part thereof, subject to an express or implied term in the contract
D. When the contract of the sale is severable and the buyer has accepted the entire goods or part thereof
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During the currency of the bill of exchange, the vendor's lien over the goods, shall remain suspended where the instrument operates as
A. Conditional payment
B. Absolute discharge
C. Either (A) or (B)
D. Neither (A) nor (B)
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Which of the following are goods within the meaning of Section 2(7) of the Sale of Goods Act, 1930?
A. Things attached to land which are agreed to be severed before sale
B. Things forming part of the land agreed to be severed before sale
C. Either (A) or (B)
D. Neither (A) nor (B)
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After the passing of property in goods to the buyer, under section 46 of the Sale of Goods Act, 1930, the unpaid seller has a right of
A. Lien over the goods
B. Stoppage of goods in transit
C. Re-selling the goods
D. All the above
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Section 46 of the Act gives following rights to unpaid seller against the goods.
A. A lien on the goods for the price while he is in the possession of them
B. A right to stop the goods in transit, in case of the buyer's insolvency
C. A right of resale
D. All of the above
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The "assent" of the seller to the sub-sale or pledge of goods by the buyer, within the meaning of section 53 of the Sale of Goods Act, 1930 shall be
A. Such as to bring the factum of sub-contract to his notice and he acknowledges the receipt of said notice
B. Such as in the circumstances shows that the seller intends to renounce his rights against the goods
C. Such as in the circumstances shows that the seller intends to renounce his rights against the buyer
D. Either (A) or (B) or (C)
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Under section 7 of the Sale of Goods Act, 1930, a contract for sale of specific goods is void
A. Where the goods have perished/damaged without knowledge of the seller
B. Where the goods have perished/damaged to the knowledge of the seller
C. Where the goods have perished/damaged, irrespective of without or to the knowledge of the seller
D. Where the goods have perished/damaged to the knowledge of the buyer
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A 'sale of goods' under the Sale of Goods Act, 1930, creates:
A. A jus in rem
B. A jus in personam
C. Both (A) and (B)
D. Either (A) or (B) depending on the facts and circumstances of the case
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Read Assertion (A) and Reason (R) and answer using given below.
Assertion (A): 'Goods' means every kind of movable property including actionable claims and money and excludes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be served before sale or under the contract of sale.
Reason (R): Above principle is laid down in Section 2(7) of the Sale of Goods Act.
A. Both (A) and (R) are right
B. Both (A) and (R) are wrong
C. (A) is wrong but (R) is right
D. (A) is right but (R) is wrong
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In case of goods are sold by description by seller dealing in such goods and the buyer has in such actually examined the goods, under section 16(2) of the Sale of Goods Act, 1930, the seller is responsible for
A. Patent defects in the goods rendering them unmerchantable
B. Latent defects in the goods which render them unmerchantable
C. Both (A) and (B)
D. Neither (A) nor (B)
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Under the Sale of Goods Act transfer of property in goods mean
A. Transfer of ownership
B. Transfer of possession
C. Transfer of interest as in case of pledge
D. Transfer of interest as in case of lease
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Under section 54(2) of the Sale of Goods Act, 1930, notice by seller of his intention to re-sell the goods to the buyer is
A. Necessary in case of perishable goods
B. Necessary in case of non-perishable goods
C. Both (A) and (B)
D. Neither (A) nor (B)
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Read the following in the context of the Sale of Goods Act:
(1) A Sells to B a boiler for the purpose of manufacturing carbon paper. The boiler does not satisfy the requirement of Indian Boiler's Act. B is entitled to recover damages.
(2) A contracts to make and deliver a set of false teeth to B. The false teeth do not fit in the mouth of B. B is entitled to reject the goods.
Of the above:
A. (1) is true and (2) is false
B. (1) is false but (2) is true
C. Both (1) and (2) are true
D. Both (1) and (2) are false
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The seller of goods deemed to be an "unpaid seller" within the meaning of this Act:
A. When the whole of the price has not been paid or tendered
B. When a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonor of the instrument or otherwise
C. Either (A) or (B)
D. None of the above
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Goods indicated by description and not specifically identified.
A. Unascertained
B. Generic
C. Both A and B
D. None of the above
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In a situation where the loss in respect of goods has occurred through the default of a party, the goods are,
A. At the risk of the seller if the property in goods has not passed
B. At the risk of the buyer if the property in goods has passed
C. At the risk of the defaulting party irrespective of whether the property in goods has passed or not
D. Either (A) or (B)
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Under section 10 of the Sale of Goods Act, 1930 in cases where under an agreement two valuers, one appointed by each party, have to function, in such cases, the valuation by one alone is
A. Sufficient
B. Futile
C. Sufficient with the leave of the court
D. Either (B) or (C)
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In case of breach of condition, the breach gives rise to:
A. Claim for damages
B. Rejection of goods
C. A right to repudiate the contract
D. A right of indemnification
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Where a buyer having a right to reject the goods, rejects the goods, under section 43 of the Sale of Goods Act, 1930
A. He is bound to intimate the rejection to the seller and to return the goods to the seller
B. He is bound to intimate the rejection to the seller but not bound to return the goods to the seller
C. He is not bound to intimate the rejection of goods to the seller but bound to return the same to the seller
D. He is neither bound to intimate the rejection nor to return the goods to tho seller
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